Petitioner challenged dismissal from service and recovery orders in departmental proceedings. Court found no procedural infirmity as charges were proved and recovery was not stayed. Both writ applications dismissed.
The writ applications challenging the departmental order of dismissal and recovery were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8964 of 2001
=========================================================== Kashi Nath Mishra, son of late Surya Kant Mishra, resident of Village Silauth, P.S. Samastipur Muffasil, Dist. Samastipur.
.... .... Petitioner/s
Versus
.... .... Respondent/s
with
===========================================================
Civil Writ Jurisdiction Case No. 5831 of 2005
=========================================================== Kashi Nath Mishra, S/o late Surya Kant Mishra, resident of Village Silaut, P.S. Muffasil Samastipur, Dist. Samastipur.
.... .... Petitioner/s
Versus
.... .... Respondent/s
===========================================================
Appearance : (In CWJC No. 8964 of 2001) For the Petitioner/s : None For the Respondent/s : Mr. K.P. Yadav, SC-5 (In CWJC No. 5831 of 2005) For the Petitioner/s : None For the Respondent/s : Mr. S. Alamdar Hussain, SC-6
=========================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT
Date: 10-08-2015
No one appears for the petitioners.
Patna High Court CWJC No.8964 of 2001 dt.10-08-2015
2
reads as follows:-
the writ application, the impugned order of punishment has been passed against the petitioner dismissing him from service as also recovery of a sum of Rs. 93,707.86/- in a departmental proceeding. From the records and particularly the supplementary affidavit filed by the respondents, it is also clear that not only a regular departmental proceeding was initiated against the petitioner but, the enquiry officer had also found the charges against the petitioner to be proved. Thereafter, the petitioner was given copy of the enquiry report and was asked to file show-cause reply to the findings given in the enquiry report. The petitioner had also filed a show-cause reply whereafter the impugned order of punishment had been passed.
Patna High Court CWJC No.8964 of 2001 dt.10-08-2015
3
was custodian of the store of grains of the Bihar State Food and Civil Supplies Corporation and when threat was found of the food grains which also stood proved in course of departmental proceeding, the order of punishment, either by way of dismissal from service or the recovery of the amount, cannot be said to be bad. As a matter of fact, this Court on 17.7.2001 had passed an interim order directing the petitioner to pay a sum of Rs. 3,000/- per month as with regard to the aforesaid recovery. Such recovery thus having been not stayed, this Court now would find no reason to interfere with the order of recovery in any manner specially when the same was not found to be bad on account of any infirmity in course of departmental proceeding.
Patna High Court CWJC No.8964 of 2001 dt.10-08-2015
4
departmental proceeding, he refused to participate in such proceeding. From the counter affidavit filed in this case, it is very clear that the enquiry officer in the separate departmental proceeding had found the charge of the petitioner to be proved. Thus, in absence of any infirmity in the second departmental proceeding also, the impugned order of recovery of amount has to be upheld.
(Mihir Kumar Jha, J)
Rishi/-
U
2 issues framed by the court
Whether the High Court can quash a departmental order of dismissal and recovery when the enquiry officer found charges proved and no procedural infirmity exists.
Whether the recovery of amounts misappropriated from government store can be interfered by the writ court despite prior interim order.
Kashi Nath Mishra
The State of Bihar
Bihar State Food and Civil Supplies Corporation
The Managing Director, Bihar State Food and Civil Supplies Corporation, Patna
The District Manager, State Food Corporation, Samastipur
The District Manager, State Food Corporation, Darbhanga
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
