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2012 Supreme(Pat) 1066

CHAKRADHARI SHARAN SINGH
Surendra Tiwari – Appellant
Versus
State of Bihar Through Commissioner-cum-Secretary – Respondent


Advocates:
For the Petitioners: M/s Anil Kumar Sinha, Amaresh Kumar Sinha, Prashant Kumar.
For the Respondents: Mr. Sourendra Pandey.

CHAKRADHARI SHARAN SINGH, J.:–This writ application has been filed for quashing the order dated 31.12.2001 (Annexure-7) whereby the petitioner has been dismissed from service by way of punishment. The petitioner has also sought for quashing of the report of the Conducting Officer as contained in Annexure-4 dated 28.11.2000, whereby the Conducting Officer has held him guilty of the charges levelled against him. The report of the Conducting Officer is the basis for the disciplinary authority to pass the order dated 31.12.2001 (Annexure-7). The consequential relief for petitioner’s reinstatement in service and payment of full salary right from the date when the petitioner was put under suspension i.e. 12.10.1999 has also been prayed.

2. A departmental proceeding was initiated against the petitioner with the issuance of charge-sheet through memo no. 2158 dated 12.10.1999 (Annexure-1) for the alleged misconduct on the part of the petitioner during the year 1989-90 when the petitioner was posted in Kendriya Bhandar and Shivir Pramandal at Chandil, Jamshedpur. The charge framed against the petitioner was based on the report of flying squad and the charge against the petitioner was that the


































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