LAWS(PAT)-2006-7-78

JAGARNATH RAM Vs. STATE OF BIHAR

Decided On July 31, 2006
JAGARNATH RAM Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State, who has filed counter affidavit duty affirmed by the Deputy Director, Primary Education, Bihar, Patna.

(2.) DURING the pendency of this writ petition the petitioner died on 27.3.2006 leaving behind his heirs and legal representatives mentioned in paragraph 2 of Interlocutory Application No. 2515 of 2006 which fact is admitted by counsel for the State.

(3.) ORIGINAL petitioner, who served as a Class -III employee in the office of the District Superintendent of Education, Muzaffarpur, was aggrieved by the orders bearing Memo No. 455 dated 14.7.2004, Annexure -9, whereunder he has been dismissed from service by resorting to the powers contained in Rule 3(b) of the Bihar and Orissa (Subordinate Services, Discipline and Appeal) Rules, 1935 as he is alleged to have defalcated 445.11 Quintals of wheat meant for Mid Day Meal Scheme for the school children. It appears from perusal of the dismissal order bearing Memo No. 445. dated 14.7.2004, Annexure -9 that the same has been passed by the Secretary, Primary and Adult Education, Department of the State Government.