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1991 Supreme(Pat) 222

B.N.AGRAWAL, R.N.PRASAD
Thakur Ram – Appellant
Versus
State of Bihar – Respondent


Order

This writ application has been filed for quashing the order of dismissal passed on 25.10.1984, contained in Annexure 3' and appellate order affirming the same contained in Annexure 6'.

2. Since this writ application is bound to succeed on a short question, it is not necessary to state the facts in detail. Suffice it to say that from the order contained in Annexure 3', it would appear that notice in the departmental proceeding was not served upon the petitioner. From the order it appears that the notice was sent under registered cover and the same was returned back with the Peon's report that the petitioner was not residing at his village home. It has been submitted on behalf of the State that since the petitioner has left his permanent abode without leaving any address, in that event, the State was helpless and nothing could have been done on behalf of the State for serving the notice upon him.

3. In our view, the submission is fallacious, because it is well settled under general law that if service is not effected either by ordinary mode or by registered post, in that event, steps could have been taken by the State for substituted service, that is, by publication of notice in





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