JUDGMENT :

P. B. BAJANTHRI, J.

In the instant appeal the appellants – Bihar State Food and Civil Supplies Corporation Limited and others (hereinafter referred to as ‘Corporation’) have assailed the order of the learned Single Judge dated 31.08.2018 passed in CWJC No. 4713 of 2006. Respondent – Ravi Kishore Sahay was subjected to disciplinary proceedings by the appellants – Corporation on the allegation of misappropriating the sugar and defalcation of Rs. 10.75 lakhs. The disciplinary proceedings was concluded in imposition of penalty of dismissal from service and it was subject matter of review petition in which also respondent had suffered orders on 29.03.2004 and 08.07.2004 respectively, which are subject matters of CWJC No. 4713 of 2006.

2. Learned Single Judge proceeded to allow the writ petition on technical / legal lacunas in the departmental inquiry, in which he has recorded that it is a case of no evidence and findings of the inquiring officer is perverse. He is also relying on the decisions of the Apex Court passed in the case of Roop Singh Negi vs. Punjab National Bank reported in (2009) 2 SCC 570 and State of U.P. vs. Saroj Kumar Sinha reported in (2010) 2 SCC 772.

3. The al