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2022 Supreme(Pat) 609

SANJAY KAROL, S. KUMAR
Anil Kumar Singh – Appellant
Versus
South Bihar Power Distribution Co. Ltd. – Respondent


Advocates:
For the Appellant : M/s Umesh Prasad Singh, Sr. Adv., Rakesh Kumar.
For the Respondents: Mr.Vinay Kirti Singh, Sr. Adv.

S. Kumar, J.—Heard learned counsel for the parties.

2. Being aggrieved by judgement and order dated 08.10.2021 passed in C.W.J.C. No.17558 of 2018 passed by learned Single Judge of this Hon’ble Court, appellant/petitioner has preferred this L.P.A.

3. Briefly stated, the facts of the case is that appellant/petitioner was initially appointed as a daily wager on 17.12.1978 and was subsequently, appointed on the post of unskilled Khalashi by the General Manager-cum-Chief Engineer in the Bhagalpur Area Board. Appellant/petitioner thereafter passed the departmental examination and was appointed as Bill Clerk with effect from 01.01.1982 at Bhagalpur and subsequently transferred to Patna where he took charge as a Bill Clerk on 30.04.2010 and started working as Revenue Cashier w.e.f. 15.07.2011.

4. In an internal audit conducted by the Board huge financial irregularities and misappropriation of several lacs of Rupees was detected and appellant/petitioner was held to be primarily responsible for embezzlement of Rs. 43,48,296/- and he was put under suspension by order dated 25.6.2015 and an FIR being Kotwali P.S. Case No.283/2015 was also lodged against him.

5. By resolution dated 09.06.2016, the

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