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2018 Supreme(Pat) 1519

MOHIT KUMAR SHAH
Naushad Alam son of Zahur Alam – Appellant
Versus
Bihar State Minorities Finance Corporation Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sidhartha Prasad, Adv., Mr. Kumar Kaushlendra, Adv., Mr. Om Prakash Kumar, Adv., Mr. Sunit Kumar, Adv.
For the Respondents: Mr. Deepak Kumar, Adv.

JUDGMENT :

The present case has been filed for quashing the order of punishment dated 12.03.2014 whereby and where under the petitioner has been terminated from service by the respondent Authorities.

2. The brief facts of the case are that the respondents had initiated a departmental proceeding by a order dated 20.01.2014, primarily on the allegation of the petitioner having been caught red handed by the police trap team accepting a sum of Rs.5,000/-. The enquiry officer conducted the enquiry and submitted his enquiry report dated 18.02.2014 finding the charges to have been proved beyond doubt as against the petitioner herein. Thereafter, a second show cause notice dated 20.02.2014 was served on the petitioner, however, the petitioner could not submit his reply to the same and had sought extension of time, but since the said extension was sought after the expiry of the period to submit his reply, the disciplinary authority had passed the final order of punishment dated 12.03.2014.

3. The learned counsel for the petitioner has submitted that a bare perusal of the enquiry report would show that neither a single witness nor any evidence has been adduced on behalf of the prosecution to pr


























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