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2016 Supreme(Pat) 312

NAVANITI PRASAD SINGH, NILU AGRAWAL
Chairman Bihar School Examination Board – Appellant
Versus
Jai Mangal Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Satyabir Bharti & Ms Aparna Arun
For the Respondents: Mr. Manoj Kumar Ambastha, Mr. Sanjay Kumar

JUDGMENT :

NAVANITI PRASAD SINGH, J.

Heard the parties and with their consent, instead of coming to the stay application (I.A.No. 4284 of 2014), as filed by the appellants, we are disposing of the Appeal itself at this stage.

2. The Bihar School Examination Board and its Secretary are the appellants. Being aggrieved by the judgment and order dated 17-2-2014 passed by a learned Single Judge of this Court in C.W.J.C. No. 5082 of 2007(Jai Mangal Singh Vs. The State of Bihar & others), the writ petitioner, who is respondent no.1 in this Appeal, had filed the writ petition, challenging the order of dismissal from service, as inflicted by the Disciplinary Authority, and not interfered in the appellate proceeding.

3. The learned Single Judge allowed the writ petition and set aside the order of Disciplinary Authority, primarily on two grounds; firstly that before the Enquiry Officer the Department had not examined any witness and the writ petitioner, the delinquent, was examined straightway, which was not procedurally correct, and second that, in spite of repeated requests of the delinquent, he was not supplied the documents, as asked for. It is principally on these two grounds that the findin










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