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2021 Supreme(Pat) 739

CHAKRADHARI SHARAN SINGH
Mithilesh Kumar – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Y.V. Giri, Senior Advocate, Mr. Binod Kumar, Advocate, Mr. Raju Giri, Advocate, Mr. Santosh Kumar Mishra, Advocate, for the Appellant; Mr. Ajey, GA-5, Mr. Ashish Kumar Lal, AC to GA-5, for the Respondent.

JUDGMENT

1. A notification No. 674 dated 28.02.2020 issued by the Rural Works Department, Government of Bihar (Annexure-11 to LA. No. 3 of 2020) issued vide Memo No. 675 of the same date, whereby punishment of dismissal from service has been imposed on the petitioner is under challenge in the present writ application filed under Article 226 of the Constitution of India. The petitioner has also challenged the correctness of the finding recorded by the enquiring authority in respect of the first charge out of the three charges framed against him in the departmental proceeding.

2. I have heard Mr. Y.V. Giri, learned Senior Counsel assisted by Mr. Binod Kumar, Mr. Raju Giri and Mr. Santosh Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mr. Ajey, learned G.A.-5 assisted by Mr. Ashish Kumar Lal, A.C. to GA-5 for the respondent State of Bihar.

3. The petitioner, at the relevant point of time, was posted as an Executive Engineer, Rural Works Department, Works Division, Gopalganj. On the allegation of having acquired assets disproportionate to his known sources of income, a First Information Report was registered on 19.02.2013 for the offences punishable under Section

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