PRASANTA KUMAR GHOSE Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This application has been filed by the petitioner under Articles 226 and 227 of the Constitution of India praying, in substance, that an order discharging him from service may be quashed. The petitioner had been appointed on the 14th March 1958 as Supply Inspector by, it is stated, the Commissioner of Tirhut Division. The impugned orders are to be found as part of Annexure 12 and as Annexure 14, which has been, given by a supplementary affidavit. The part of Annexure 12, which is impugned, was an order of Sri J.S. Bali, the then Commissioner of Tirhut Division, dated the 18th Jan. 1966, and Annexure 14 is an order of the State Government dated the 16th July 1968. The writ application had been filed on the 16th May 1968 and on the 17th May 1968 the case was adjourned to the 22nd July on the ground that final orders had not then been passed by the Government on a representation filed by the petitioner. Thus, the State Government's order was passed on the 16th July 1968. The necessary facts may now be stated. Certain charges were framed against the petitioner in May 1960, a copy of which has been given as Annexure 3. Charge No, 3 was in the following terms:

(2.) For these reasons, the writ application must succeed and the order of discharge passed against the petitioner is hereby quashed. In the circumstances of the case, the parties are directed to bear their own costs. JULY312 Petition allowed.