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2018 Supreme(Pat) 864

MADHURESH PRASAD
KRISHNA KANT JHA – Appellant
Versus
STATE OF BIHAR THROUGH SECRETARY LAW DEPARTMENT – Respondent


Advocates Appeared:
Gayanand Roy, Sheo Nandan Mishra, Manoj Kumar, Bindhyachal Singh, Neel Nikhar, Advs.

JUDGMENT :

Madhuresh Prasad, J.

Heard learned counsel for the petitioner and learned counsel for the respondents

2. The writ petition has been filed for quashing of order dated 26.8.2013 of the District Judge, Darbhanga awarding punishment of dismissal from service to the petitioner who was then working as clerk in the Civil court, Darbhanga. Order dated 18.3.2014 under letter no. 12935 issued by the Registrar (Administration), Patna High Court communicating rejection of he petitioner's appeal against order of dismissal has also been challenged. The petitioner has also prayed for a consequential relief of re-instatement.

3. The petitioner has been proceeded against under charge memo dated 28.11.2011. Allegation which was being enquired was that while posted as Sristadar the petitioner had demanded Rs. 200/- for expeditious scrutiny of one case (Partition Suit No. 262 f 2002) and that subsequently the amount had been returned by the petitioner. Petitioner's response to the charge memo is dated 14.12.2011. He has denied the allegations. Thereafter he has been subjected to proceedings and after conduct of enquiry the petitioner has been issued a second show cause under Memo no. 13 dated 1








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