- (1.) This Letters Patent Appeal is preferred against the order dated 19.11.2011 passed by the learned Single Judge in C.W.J.C. No. 5762 of 2000P by which the learned Single Judge set aside the punishment of dismissal from service and ordered reinstatement with 40% of arrears of salary. The short point involved in this appeal is whether the punishment of dismissal awarded in departmental proceedings is liable to be quashed merely on the ground that the criminal case ended in acquittal.
(2.) The respondent was appointed as Revenue Employee (Rajaswa Karamchari) by an order No. 11 dated 29.08.1990 issued by the Collector, Sahebganj. By an order No.12 dated 04.10.1990 the respondent and similarly situated persons were given posting and respondent was posted at Anchal Pakuria. The respondent is alleged to have obtained appointment in the name of Ajay Kumar Nand (who is actually stated to be Jai Prakash Mandal, son of Nirmal Kumar Mandal). On 01.11.1993 a complaint was received from one Rajendra Prasad Mandal alleging that the respondent's appointment in the year 1990 was by impersonating the name of Ajay Kumar Nand while his actual name is Jai Prakash Mandal son of Nirmal Kumar Mandal and he is resident of Village Nandgolla, P.O. Patharghatta, P.S. Antichak (Kahalgaon), District Bhagalpur.
(3.) Based on the complaint, verification and enquiry have been done about the permanent address and school address furnished by the respondent. The Sub Divisional Officer, Pakur submitted his report stating that even though the respondent claims to have passed Matriculation examination in First Division from Netarhat Government High School, the respondent was not able to write in English, Year of Examination and Roll Code etc. and that he does not know where the Netarhat Government School is situated. The Sub Divisional Officer, Pakur recommended for lodging first information report against the respondent.;