IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9783 of 2009 Dilip Kumar Singh, son of late Arjun Singh, resident of village Vishwanathpur, P.S. Dumra, District Sitamarhi Versus 1. The State of Bihar, through the Secretary, Department of Rural Development, Bihar, Patna 2. The Commissioner, Tirhut Division, Muzaffarpur 3. The District Magistrate, Sitamarhi, Bihar 4. The Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Sitamarhi 5. Zila Parisad, Sitamarhi, through Chief Executive Officer, Zila Parisad, Sitamarhi ----------- For the Zila Parishad :Mr. Shailendra Kumar Singh, Advocate For the State of Bihar :Mrs. Archana Sinha, AC to G.P.14 04/ 02.07.2010 None appears for the petitioner. On 29.10.2009 adjournment was sought on the ground of illness of Sri Ganesh Prasad Singh, which was granted. Even today, adjournment is being prayed for on behalf of Sri Singh, which is opposed by the counsel for the Respondents. In the circumstances, I am not inclined to grant such adjournment, accordingly, called upon the counsel through whom the petition has been filed to make submissions but the two counsel declined to make submission whereafter having perused the brief and having heard the counsel for Respondents, the order is being passed. 2. Petitioner is aggrieved by the order of 2 dismissal, bearing Memo No. 527 dated 31.5.2007, Annexure-15. He is also aggrieved by the appellate order dated 13.4.2009, Annexure-16, whereunder the appeal filed against the order of dismissal dated 31.5.2007, Annexure-15 has been dismissed. Petitioner, at the relevant time, was serving in the Zila Parishad on the post of Clerk and was entrusted with the charge of Cashier and is alleged to have defalcated the amount entrusted to the Zila Parishad. In this connection, order bearing Memo No. 327 dated 30.7.2003, passed by the Deputy Development Commissioner –cum- Chief Executive Officer, Sitamarhi Zila Parishad, Annexure- A is relevant wherefrom it appears that Rs. 34,81,688/-, 25,65,571 and 3,57,131/- was defalcated by the petitioner. From the order dated 30.7.2003, Annexure- A, it also appears that the departmental proceeding was conducted by the Deputy Development Commissioner- cum- Chief Executive Officer, Zila Parishad himself, who submitted enquiry report in respect to the charge sheet, Annexure-B finding the petitioner to have misappropriated the aforesaid amount. In the light of 3 the findings recorded in the enquiry report, petitioner was dismissed from service. The dismissal order was challenged by the petitioner by filing C.W.J.C. No. 1805 of 2004, which was allowed under orders dated 6.10.2004, Annexure-11 and the dismissal order was set aside on the ground that second show cause notice was not served on the petitioner with direction to the authorities of the Zila Parishad to serve second show cause notice on the petitioner and to proceed afresh from that stage i.e. from the stage of service of second show cause notice. Against the order dated 6.10.2004, the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Sitamarhi filed L.P.A. No. 26 of 2005, which was dismissed under orders dated 9.11.2006 upholding the direction of the Single Judge to proceed against the petitioner from the stage of service of the second show cause notice. In compliance of the orders of the High Court dated 6.10.2004, 9.11.2006, as contained in Annexures-11 and 12, the authorities of the Zila Parishad served second show cause notice on the petitioner, which is 4 dated 9.4.2007 and is contained in Annexure-C to the counter affidavit, perusal whereof also indicates that petitioner was found to have defalcated the aforesaid amount and in the light of the findings recorded in the enquiry report, he was asked to furnish his second show cause reply. Petitioner having received the second show cause notice dated 9.4.2007, Annexure-C, submitted his reply dated 18.4.2007, Annexure-D asserting that 8 points raised in the second show cause notice is sub-judice in a criminal case filed against the petitioner and the then Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Sitamarhi, Md. Muzaffar Ali in a local court at Sitamarhi and until decision in the said case is taken, he is not in a position to submit reply to the second show cause notice. The authorities having considered the aforesaid second show cause reply dated 18.4.2007, Annexure-D passed the impugned dismissal order dated 31.5.2007, Anneure-15 holding the petitioner guilty of the amount defalcated as has been found in the enquiry report and enumerated in the second show 5 cause notice. The order of dismissal has also been affirmed in appeal. 3. In view of the findings of the Enquiry Officer that petitioner defalcated the aforesaid amount, I am not in a position to interfere with the impugned dismissal order dated 31.5.2007, Annexure-15 and appellate order dated 13.4.2009, Annexure16. The writ application is, accordingly, dismissed. Arjun/ ( V.N. Sinha, J.)