Patna High Court CWJC No.6569 of 2006 (3) dt.24-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6569 of 2006 ====================================================== Narendra Mohan Prasad .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vivekanand Pd.Singh, Adv. For the Respondent/s : Mr. Bibhakar Tiwary, A.C. to S.C. No.21 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 3 24-07-2012 The petitioner has challenged the order of removal from Government service and its affirmation by the appellate court and the State Government. On petitioner’s own showing he was carrying Government cash in excess of rupees one lac. As per the petitioner himself, he parked his motorcycle and went to urinate. On return within five minutes he found that some miscreants had broken the lock of the dickey of the motorcycle and robbed off most of the cash. A criminal case was instituted and petitioner himself was arrested. He has been chargesheeted and trial is pending against him. In the departmental proceeding authority has come to a finding that the petitioner was grossly negligent. The order for recovery of the money has already been made though no recovery has been made as yet. All these are questions of fact. In the fact aforesaid, I am not inclined to exercise my discretion in entertaining this writ application. However, if the Patna High Court CWJC No.6569 of 2006 (3) dt.24-07-2012 petitioner is acquitted by the criminal court, he may approach the authority for a reconsideration which they would do in accordance with law. With the aforesaid observation, I decline to exercise my jurisdiction in the matter. The writ application is dismissed. sudip/- (Navaniti Prasad Singh, J)