IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1039 of 2010 In (CIVIL WRIT JURISDICTION CASE 2646/1994) Chandra Shekhar Singh S/O Shri Badri Singh R/O Vill.- Dhadha Basawanpatti, P.S.- Ratanpura, Distt.- Supaul ......Appellant Versus 1. The State Of Bihar 2. The Secretary, Water Resources Department Govt. Of Bihar, Patna 3. The Commissioner, Water Resources Deptt., Govt. Of Bihar, Patna 4. The Special Officer-Cum-Secretary, Water Resources Deptt., Govt. Of Bihar, Patna 5. That Deputy Collector, Revenue Division Koshi Project, Water Resources Deptt. at Saharsa, Distt.- Saharsa 6. The Circle Officer, Revenue Circle, Koshi Project Water Resources Deptt., Bhartiyahi, Saharsa at Saharsa .......Respondents ---------------------------------- 4 24-11-2011 Heard learned counsel for the appellant and perused the order under appeal by which the writ court has dismissed the writ petition preferred by the appellant bearing CWJC no. 2646 of 1994 and has refused to interfere with the order imposing dismissal from service. The memo of charges against the appellant contained in annexure-4 itself substantially meets the main submission advanced on behalf of the appellant that several registers and documents were not made available to him inspite of demand during the enquiry. One of the charge is that the appellant not only 2 defalcated the revenue collected as water tax but also did not maintain the registers etc. properly and at a later stage he caused disappearance of the relevant documents and registers. On account of his absconding, the work remained disturbed and ultimately the office had to be opened for preparing inventory of materials available. The writ court has discussed in detail the main submission noticed above which is to the effect that non supply of relevant documents has led to breach of Rules of natural justice. While agreeing with the order of the writ court, we are of the considered view that comments made by the enquiry officer in annexure-D have been rightly noticed by the writ court as they are relevant in this regard. According to observations made by the enquiry officer the appellant had been given opportunity to examine an earlier inspection report and other documents which were available. The documents which had disappeared could not have been made available. 3 In the facts of the case, we find no merit in this appeal. It is, accordingly, dismissed. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)