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2019 Supreme(Pat) 802

ASHUTOSH KUMAR
Vikramaditya Singh, son of Late Kesho Prasad Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Prabhat Ranjan
For the Respondent: Mr .Anil Kr. Singh, Adv.

JUDGMENT :

1. Heard the learned counsel for the parties.

2. The petitioner has challenged the order dated 11.06.2014 passed by the Labour Commissioner, Bihar contained in Memo No. 1614, whereby he has been dismissed from service with immediate effect on the basis of proved allegation of financial irregularities and defalcation as also the order dated 01.12.2016 passed by the Labour Commissioner, Bihar, confirming the earlier order of punishment.

3. The petitioner while serving as Block Development Officer, Sonahula Block in the district of Bhagalpur was made accused in a Vigilance case vide Vigilance P. S. Case No. 71 of 2013 for the offences under Sections 467, 468, 471, 420, 409 and 120(B) of the Indian Penal Code and Section 13(2) read with Section 13(1)(C)(d) of the Prevention of Corruption Act, 1988. The aforesaid F.I.R. was filed on the basis of a complaint regarding misappropriation in distribution of grants for diesel.

4. The petitioner was suspended and a departmental proceeding was initiated against him. The Enquiry Officer submitted his report dated 29.03.2014. On the basis of the aforesaid enquiry report, a second show-cause notice was issued to the petitioner, to which he

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