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2020 Supreme(Pat) 614

HEMANT KUMAR SRIVASTAVA, PRABHAT KUMAR SINGH
State of Bihar – Appellant
Versus
Ram Chandra Singh – Respondent


Advocates:
For the Appellants : M/s Abbu Haider, Ranjay Kr. Singh.
For the Respondent: M/s Ranjeet Kumar, Krishna Chandra.

PRABHAT KUMAR SINGH, J.:–Heard learned counsel appearing for the appellants as well as learned counsel representing the sole respondent.

2. This Letters Patent Appeal has been preferred by the appellants, who are State officials, for quashing the order dated 17.03.2017, passed in CWJC No. 345 of 2017, whereby and whereunder, the learned Single Judge, while allowing the writ petition, has quashed the Notification (punishment order), contained in Memo No.1034 dated 29.2.1996 by which he was removed from the service under Rule 14(10) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as ‘the CCA Rules’) as amended from time-to-time. Learned Single Judge has allowed the writ application with all consequential benefits to the respondent.

3. The facts, necessary to appreciate the claim of the appellants, are as follows:—

The respondent, while holding the post of General Manager, District Industries Centre, Bhagalpur, was served with charge of memo, bearing no. 57 dated 16.07.2014, inter alia, containing allegations in respect of irregularities committed in execution of the Micro Small Enterprises Scheme (hereinafter referred to as ‘the

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