Judgment :-

R.M. Lodha, J.

Leave granted.

1.2. The question that this Court is called upon to determine in this appeal by special leave is: whether the High Court was justified in quashing the order dated November 24, 2003, whereby the respondent No. 1 was dismissed from service?

2.3. Man Mohan Nath Sinha , respondent No.1, was posted as Private Secretary (Class II) to the then State Minister, Minor Irrigation, Shri Ram Asrey Paswan, where he worked from November 18, 1997 to April 24, 1999. He is said to have misappropriated the government money while he was attached as Private Secretary to the then State Minister. The Vigilance Department after holding an enquiry against respondent No.1 sought his prosecution under Sections 408, 409, 420, IPC, as well as under Sections 13

(1) (b) read with 13 (2) of the Prevention of Corruption Act, 1988. On October 9, 2001, the respondent No.1 was placed under suspension. The disciplinary proceedings were also initiated against him and he was served with the chargesheet on October 19, 2001. The principal charge against the respondent No.1 was that while being attached as a Private Secretary to the State Minister, Minor Irrigation, he took undue ad