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2003 Supreme(Jhk) 625

M.Y.EQBAL
Sharafat Hussain – Appellant
Versus
State Of Bihar – Respondent


ORDER

M.Y. Eqbal, J.

1. Heard Mr. Ramawatar Sharma learned counsel appearing for the petitioner and the learned Government Pleader No. IV.

2. The petitioner has challenged the office order issued under the signature of Deputy Commissioner, Giridih vide memo No. 987 dated 25.6.1993 whereby he has ordered that the petitioner will not be entitled to anything save and except subsistence allowance on the basis of the report submitted by the disciplinary authority in the departmental proceeding.

3. The facts of the case lie in a narrow compass. The petitioner was working as copyist in Giridih in the office of District Sub-Registrar, Giridih. By office order dated 12.8.1985 he was put under suspension on the basis of some complaints and a departmental proceeding was initiated against him for various charges. From the impugned order it appears that all those charges have not been proved save and except absence of the petitioner from 4.5.1985 to 22.5.1985. The impugned order was therefore issued on 22.4.1993 holding that the petitioner would not been entitled to anything other than subsistence allowance.

4. As noticed above the petitioner was suspended on various charge and the departmental proc

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