S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the Petitioner against Order No. 162/2000, Godda dated 28th December, 2000 passed by the learned District and Sessions Judge, Godda, in Departmental Proceeding No. 1 of 2000, whereby and where under, the Petitioner has been dismissed from service.
(2.) GRIEVANCE of the Petitioner is that the impugned order of dismissal has been passed on the basis of enquiry report, which is not based on proper appreciation of evidence. Brief fact of the case is that the Petitioner was appointed as a Class -IV employee (Peon) in the Civil Court, Godda, vide letter No. 663 dated 28th September, 1989. While in service, he was put under suspension by Order No. 29/1994 dated 5th March, 1994, issued by the District and Sessions Judge, Godda on the allegation of producing forged certificate in proof of his age. Thereafter, charge -sheet was served on him on 18th March, 1994, but without any departmental proceeding, he was dismissed from service vide Order No. 87/1995 dated 22nd December, 1995. The said order of dismissal was challenged by the Petitioner before Patna High Court in C.W.J.C. No. 932 of 1996 wherein the Court by its judgment dated 5th November, 1999 held the order of dismissal illegal, the Petitioner having been dismissed from service without initiation of a departmental proceedings. The order of dismissal was, accordingly, set aside and the Petitioner was reinstated in service with a liberty to the authority to act in accordance with law.
(3.) THEREAFTER , it appears that the Respondent initiated Departmental Proceeding No. 1 of 2000 vide charge -sheet dated 6th February, 2000. It was alleged that the Petitioner produced forged certificate in proof of his age. The Petitioner contested in the said enquiry and filed his show cause reply, denying the allegation. The Enquiry Officer -cum -Subordinate Judge -I, Civil Court, Godda, vide his enquiry report dated 8th May, 2000 held the charges proved against the Petitioner, including the charge relating to production of forged and fabricated certificate in support of his age.;