R.K.MERATHIA, J. - (1.) HEARD .
(2.) MR . Krishna appearing for the petitioner submitted as follows. The enquiry report dated 3.7.1996 (Annexure -12) and the order of punishment dated 12.12.1996 (Annexure -16) are illegal as the relevant documents were not supplied to the petitioner due to which he could not defend himself effectively. There was nothing before the Enquiry Officer to substantiate the charges No. 1 and 2. Challenging the order dated 5.3.2005 passed by the Forest Department of Government of Bihar, by way of amendment petition (I.A. No. 724 of 2006). he submitted that firstly the Government of Bihar had no jurisdiction to pass order of punishment after creation of Jharkhand and moreover petitioner was not heard before enhancing the punishment. He further submitted that trough criminal case was lodged against 17 employees including the petitioner but departmental proceeding was initiated only against few persons. He further submitted that no order for recovery of money has been passed against Mr. R.P. Bhagat who was posted at Chainpur Depot and against whom there was allegation of misappropriation of Rs. 28 lakhs. State counsel supported the enquiry report and impugned orders. A departmental proceeding was initiated against the petitioner. There were three charges. The substances of the charges is that the petitioner who was Range Officer of Forest between 22.1.1991 to 2.2.1994 at Gumla Deport and Logging Range under Gumla State Trading Division, in connivance with Mr. A.K. Das, (the then DFO, Gumla State Trading Division) defalcated an amount of Rs. 15,79,718.78. Petitioner took part in the departmental proceeding. He was found guilty by the Enquiry Officer. A second show -cause notice was issued to him along with enquiry report as to why he should not be dismissed and monetary loss suffered by the Government be not recovered from him. Ultimately petitioner was dismissed by the impugned order dated 12.12.1996. It was further ordered that a sum of Rs. 1,50,000.00 defalcated by him and also the proportionate amount of Rs. 13,90,438.01 defalcated in connivance with Mr. A.K. Das (the Divisional Forest Officer) be recovered from the movable and immovable assets of petitioner.
(3.) A criminal case under Sections 120 -B, 409, 407, 468, 471 and 420, IPC was also lodged against several persons including the petitioner being Gumla P.S. Case No. 225 of 1994 in which some of the documents were seized and therefore, those documents could not be supplied to the petitioner but he was given opportunity to inspect the documents available but he did not avail it. Even then before starting the departmental proceeding, the documents which the petitioner wanted to see, were made available for inspection and petitioner made notes from them. The Enquiry Officer has further recorded that petitioner was supplied the documents which were required for his defence.;