AJEET SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned senior counsel appearing for the appellant and learned Government Advocate No.10 appearing for the State.

(2.) This appeal is directed against judgment and order dated 15.01.2007 whereby writ petition preferred by the appellant bearing CWJC. No.8819 of 2006 was dismissed. The learned single Judge after noticing the submissions came to a conclusion that the disciplinary proceeding against the writ petitioner did not suffer from any infirmity; the charges framed against him were duly established in the enquiry and on that basis punishment was awarded.

(3.) At the relevant time the writ petitioner was posted as District Superintendent of Education at Bettiah and then at Muzaffarpur. Initially a complaint was made against him by a retired teacher that demand for illegal gratification has been made for settlement of his provident fund dues. That retired teacher had to approach the Lok Ayukt, Bihar in that matter for settlement of his retiral dues. In the proceeding before Lok Ayukt , in spite of notice the writ petitioner did not appear and the Lok Ayukt came to an opinion that the allegations made by retired teacher were prima facie correct. Inconvenienced by non co-operation by the writ petitioner, the office of the Lok Ayukt issued the letter dated 28.12.2002 addressed to the Director, Primary Education, Bihar for taking appropriate action against the petitioner.