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2016 Supreme(Pat) 1371

HEMANT GUPTA, AHSANUDDIN AMANULLAH
Bihar State Co-operative Marketing Union Limited through the Administrator – Appellant
Versus
Suresh Chandra Sharma, son of Lat Shivnandan Sharma – Respondent


Advocates Appeared:
For the Appellants :Mr. Y.V. Giri, Sr. Advocate with M/s. Ishwari Singh and Rajendra Prasad, Advocates.
For the Respondent:Mr. Ram Suresh Roy, Sr. Advocate with M/S. Binod Kumar Singh and Gaurav Kumar, Advocates.

JUDGMENT :

Mr. Hemant Gupta, J.

1. The challenge in the present Letters Patent Appeal is to an order dated 3rd July, 2014, passed in C.W.J.C. No. 7631 of 2013 by the learned single Judge whereby the order of punishment, dated 09.05.2005 (Annexure-16) and the order, dated 19.10.2012 (Annexure “C”) was quashed and the appellants herein were directed to settle the claim of the writ petitioner as if any liability does not stand against him.

2. The said orders came to be passed after a long drawn litigation. The writ applicant was appointed as Sales Man-cum-Account Assistant in the year 1974. He was later promoted to the post of Assistant Depot Manager. On 14th April, 1988, a first information report, for the offence under Sections 403, 409 and 465 of the Indian Penal Code, was registered alleging misappropriation of fertilizer worth Rs. 2,69,250/-. An order of dismissal was passed by the Administrator on 11.04.1989 on account of allegation of misappropriation of fertilizers, seeds and medicine worth Rs.2,71,925.94/- after the enquiry officer found the writ applicant guilty.

3. A writ, being C.W.J.C. No. 5957 of 1991 filed before this Court against the order of dismissal which was accepted
























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