- (1.) THIS appeal has been preferred against the order dated 27.4.2006 passed in W.P.(S) No. 713 of 2006 by which the learned Single Judge declined to interfere with the impugned order passed against the appellant by which he was dismissed from service on the basis of the charge of retaining a sum of Rs. 25,000/ - in his custody for a period of 3 -4 days although subsequently he deposited the money. It was held in the departmental proceeding that he was guilty of embezzlement of the amount which he was required to deposit in the Treasury.
(2.) THE charge levelled against the petitioner -appellant herein was to the effect that while he was posted as a Clerk in the Civil Court at Deoghar he committed grave misconduct by accepting a sum of Rs. 25,000/ - from one Anjani Mishra for the assurance that he would get the case disposed of favourably which was pending in the Court of IlIrd Additional District and Sessions Judge, Deoghar. A departmental proceeding was initiated for the charge levelled against the petitioner -appellant, in which, the petitioner -appellant duly participated and finally the charge levelled against him was found to have been proved. Consequently, a show cause notice was served upon him for imposing punishment and the petitioner -appellant is alleged to have prayed for granting him pardon and to release him from the proceeding. The Disciplinary Authority, however, refused to condone this grave charge and finally passed the order for his dismissal. The delinquent appellant, thereafter, assailed the order of punishment of his dismissal by filing the writ petition before the learned Single Judge which was dismissed as already referred to hereinabove. Hence, this appeal.
(3.) LEARNED counsel for the appellant initially assailed the order of punishment imposed against the appellant and submitted that the petitioner -appellant had not admitted his guilt as per the charge levelled against him, yet he had sought pardon merely to cut short the proceeding.;