Gyan Sudha Misra, D. K. Sinha, J. - (1.) This appeal has been preferred by the substituted heirs of the deceased petitioner which includes the wife of the deceased- petitioner and three sons who have assailed the order of dismissal in W. P. (S) No. 6090/02 whereby the learned single Judge by order dated 17-2-2009 was pleased to dismiss the writ petition refusing to entertain the prayer of the petitioners/appellants herein for quashing the order of dismissal.
(2.) To explain the controversy it may be relevant to state that the deceased-petitioner had been issued charge-sheet for embezzlemend defalcation of over Rs. 57.00 lakhs in conspiracy with the other employees and for this purpose charge-sheet was issued to him and an enquiry was conducted and thereafter an order of suspension was issued to him. The deceased-petitioner duly participated in the enquiry but, neither before the Enquiry Officer nor before the Disciplinary Authority he raised any grievance regarding non-supply of the document which was used against him for upholding the charge. Consequently an order of dismissal was issued against him which he assailed before the learned single Judge.
(3.) As already referred to hereinbefore, the writ petition was dismissed against which this appeal has been preferred by the heirs of the deceased-petitioner.;