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2018 Supreme(Pat) 1709

MOHIT KUMAR SHAH
Nirdula Jha W/o Late Maheshwar Jha – Appellant
Versus
State of Bihar through the Secretary Environment and Forest Department – Respondent


Advocates Appeared:
For the Petitioner: M/s K.N. Choubey, Ashok Kumar Garg, Amboj Nayan Choubey, Dineshwar Pandey
For the Respondent: Mr. R.B.N. Singh

JUDGMENT :

The petitioner by way of the present writ petition has prayed for quashing of the inquiry report dated 05.05.1994 as also the order dated 16.10.2004 whereby and whereunder the husband of the petitioner has been inflicted with a punishment, to the effect that he would not get anything except his subsistence allowance, for his suspension period and the amount of loss caused to the department would be assessed and the same would be recovered from the retiral dues of the husband of the petitioner.

2. The brief facts of the case are that a departmental proceeding was initiated against the husband of the petitioner herein and a charge-sheet dated 29.01.2004 was served on the husband of the petitioner on the allegation of the husband of the petitioner having conspired resulting in theft of various types of pieces of woods from the forest area resulting in huge loss to the Forest Department. The Inquiry Officer had conducted the inquiry and submitted an inquiry report dated 05.05.1994 whereby and whereunder charge nos. 1, 2 and 4 to 6 were found to have been proved while charge no. 3 was not found to have been proved. Thereafter, it appears that the husband of the petitioner had r

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