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P. B. BAJANTHRI, RAJIV ROY
State of Bihar – Appellant
Versus
Sagar Kumar Roy – Respondent
P. B. Bajanthri, J.:–Heard learned counsels for the parties.
2. The present appeal is filed by the State in assailing the order of the learned Single Judge dated 10.05.2018 passed in C.W.J.C. No. 5243 of 2018.
3. The respondent – Sagar Kumar Roy while working as a Nazir, he is alleged to have misappropriated sum of Rs. 2,05,62,000/- (Two Crores Five Lakh Sixty Two Thousands) in connivance with bank officials. Arising out of the aforesaid alleged allegations – respondent was subjected to parallel proceedings like departmental inquiry and criminal case. Criminal proceedings are still pending consideration before the jurisdictional forum whereas departmental inquiry was concluded in imposition of penalty of dismissal and ordering recovery of 2.5 crores.
4. Feeling aggrieved and dissatisfied with the order of the dismissal and recovery, respondent invoked remedy under Article 226 in filing C.W.J.C. No. 5243 of 2018. The aforesaid writ petition was allowed in favour of the respondent on 10.05.2018. Hence the present appeal is preferred by the State of Bihar.
5. Learned counsel for the appellant vehemently submitted that it is a serious case relating to misappropriation of huge amount of Rs.
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