Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No. 1901 of 2011 In Civil Writ Jurisdiction Case No. 12113 of 2011 With Interlocutory Application No. 8487 of 2011 In Letters Patent Appeal No. 1901 of 2011 ====================================================== Narendra Kumar Dubey S/O Sri Rameshwarrnath Dubey R/O Aman Krishna Video, Viswamitra Nagar, P.S.- Buxar, District- Buxar .... .... Appellant/s Versus 1. The State Of Bihar Through The Director Bihar Education Project, 5/5 Anandpuri, West Boring Canal Road, Patna-1. 2. The District Superintendent Of Educaton-Cum-District Project Co- Ordinator Bihar Education Project, Aurangabad, Bihar. 3. The Account Officer, Bihar Education Project, Aurangabad, Bihar .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Manoj Kumar Singh, Advocate For the Respondent/s : ----- ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 19-06-2012 Feeling aggrieved by the order dated 12th October 2011 made by the learned single Judge in C.W.J.C. No. 12113 of 2011, the writ petitioner has preferred this Appeal Patna High Court LPA No.1901 of 2011 (4) dt.19-06-2012 2 / 2 2 under Clause 10 of the Letters Patent. It appears that the appellant was appointed as a Junior Engineer on contract by Bihar Education Project council on 2nd January, 2007. His contract of service was terminated on 24th May 2011 on account of his continuous absence since 21st of May 2010. Challenge to the said order in above C.W.J.C. No. 12113 of 2011 has failed. Therefore, this appeal. Learned Single Judge has recorded that the service of the appellant was purely on contract. Apart from remaining absent from service without leave, the appellant is also involved in criminal offences punishable under [STATUTE] and other offences. The appellant is accused of defalcation of public money. Learned single Judge is not convinced that the appellant was at the relevant time suffering from illness as averred. We agree with the finding of the learned single Judge. The Appeal is dismissed in limine. I.A. No. 8487 of 2011 stands disposed of. M.Rahman/- (R.M. Doshit, CJ) (Ahsanuddin Amanullah, J)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.