JUDGEMENT
SHREE CHANDRASHEKHAR, J. -
(1.) The only question which calls for consideration is, whether the appellant was afforded reasonable opportunity to
defend himself
(2.) The facts, which are not in dispute are recorded hereunder;
The appellantwrit petitioner (hereinafter referred to as
petitioner) was appointed on a ClassIV post in the year 1980
and he was promoted to ClassIII in the year 1992. While he
was working as Incharge Nazir, Shikaripara Block, a
preliminary enquiry was conducted by the Block Legal
Supervisor in which certain irregularities were found. A
chargememo in PrapatraK was served upon the petitioner on
31.05.2007 and he was put under suspension. He submitted his explanation to the charges vide his representation
dated 24.10.2008. He was issued a second showcause notice
on 04.04.2009, in response thereof, he submitted
representation dated 29.04.2009. The Deputy Commissioner,
Dumka passed order dated 24.12.2009 dismissing the
petitioner from service.
(3.) During the course of hearing Mr. Shadab Bin Haque, J.C. to G.P. I, the learned counsel for the State has drawn our attention to
the second showcause notice dated 04.04.2009 which refers to
enquiry report dated 06.03.2009, to contend that in a properly
constituted enquiry, charges framed against the petitioner have been
found proved and while so, the learned Writ Court has rightly
dismissed the writ petition.;
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