Shri Rajeshwar Lal Das vs The State of Bihar and Others

This lettes patent appeal has been filed against the order dated 24 April 2002 on CWJC No. 5180 of 2002 Rajeshwar Lal Das v. The State of Bihar and Ors.

The Petitioner-Appellant was facing a departmental inquiry. During the course of which he was suspended and thereafter he filed a departmental appeal. The appellate authority declined to interfere. Thereafter, the Petitioner filed a writ petition.

The relief which the Petitioner seeks is that he be entitled to emoluments during the period of his suspension. The inquiry officer and the departmental authority in appeal declined to grant any relief to the Petitioner.

The cause which had been precipitated on which the Petitioner had been suspended was of his making. During the course of inspection the superior officer, that is, the District Co-operative Officer, sought records from the Petitioner, one of them being the records of the Petitioner''s appointment as liquidator. The Petitioner took the posture that as he was the liquidator these records may not be sought by the District Co-operative Officer. The Petitioner resisted the handing over of records. Thus, action taken was to suspend him and possess the records.

The fact that the Petitioner may have produced the records after resistance and subsequently was a step too late. Thus, the departmental inquiry was virtually limited in examining the action of the Petitioner in being disobedient in handing over the records to a superior officer. This circumstance does not call for any evidence. Both the record and the evidence had been created by the Petitioner himself.

In the circumstances, this Court finds no error in the order of the learned Judge declining to interfere on the writ petition.

Dismissed.