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2018 Supreme(Pat) 1526

MOHIT KUMAR SHAH
Amarendra Prasad, Son of Sri S. N. Prasad – Appellant
Versus
Bihar State Financial Corporation, through its Managing Director – Respondent


Advocates Appeared:
For the Petitioner: Mr. Manik Vedsen, Mr. Subhash Chandra Bose.
For the B.S.F.C. :Mr. Y.V. Giri, Sr. Advocate, Mr. Nikhil Kumar Agrawal.

JUDGMENT :

1. The present petition has been filed by the petitioner for quashing of common order of dismissal dated 28.03.1998 passed in three different departmental proceedings as well as for quashing the appellate order dated 30.09.2005, as communicated vide letter dated 20.10.2005.

2. The brief facts of the case are that a charge sheet dated 26.07.1996 was issued by the respondents on the allegation that the petitioner in collusion with the promoter of one M/s. Maurya Electricals, Fulwari Sharif, Patna had wrongly recommended for release of a sum of Rs. 3.79 lakhs on 19.04.1989 without checking of books of accounts and had further connived with the fraudulent promoters and the machine supplier and defrauded the Corporation resulting in loss to the tune of Rs. 12.06 lakhs. A second charge sheet dated 17.10.1996 was thereafter issued by the respondents against the petitioner herein regarding the petitioner having engaged in grave misconduct, negligence of duties and responsibilities as well as acting in a manner detrimental to the interest of the Corporation in discharge of his duties as Branch Manager of the erstwhile Patliputra Branch, Patna while dealing with the loan files of M/


























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