PRINCIPAL SECRETARY, DEPTT OF AGRICULTURE, BIHAR Vs. DHARMENDRA NARAYAN SINGH S/O LATE DHARMPAL SINGH
LAWS(PAT)-2017-5-141
HIGH COURT OF PATNA
Decided on May 01,2017

Principal Secretary, Deptt Of Agriculture, Bihar Appellant
VERSUS
Dharmendra Narayan Singh S/O Late Dharmpal Singh Respondents

JUDGEMENT

Ajay Kumar Tripathi, J. - (1.)There does not seem to be any merit in the present appeal which has been preferred against the order dated 16.06.2014 passed by the learned single Judge in C.W.J.C. No. 10561 of 2008. The appeal is more to satisfy personal egos of certain officials rather than in the interest of administration and fair play.
(2.)A disciplinary proceeding was initiated way back in the year 1995 against the private respondent who was a Class III employee under Bihar State Seeds Certification Agency. He was dismissed from service on 04.11.1996. That order of dismissal was set aside in a writ application, namely, C.W.J.C. No. 1629 of 1997, with liberty to proceed afresh in accordance with law.
(3.)In the second round of litigation, the private respondent filed a writ, C.W.J.C. No. 6916 of 1999, seeking salary for the period of earlier dismissal, i.e. 04.11.1996 to 15.10.1997, as well as subsistence allowance. In the meanwhile second round of dismissal order came to be passed on 03.11.1998 which too was set aside by the writ Court on the ground that the enquiry report was based on no evidence and, therefore, the same cannot subsist. The direction for payment of salary etc. was given.


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