IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1061 of 2010 Dr. Mukesh Kumar Srivastava, son of Late Bipin Bihari Srivastava, resident of Manoram Basant Bihar, New A.G. Colony, Harmu, Ranchi, Jharkhand. …..Petitioner- Appellant. Versus 1. The State of Bihar, through Commissioner-Cum- Secretary, Animal Husbandary Department, Bihar, Patna. 2. Joint Secretary, Animal Husbandary Department, Bihar, Patna. 3. Director, Animal Husbandary Department, Patna, Bihar. …..Respondents- Respondents. ----------- 04- 25.8.2011 Heard Mr. Washi Ahmad Khan for the appellant, and Mr. Nagendra Sharma, learned Assistant Counsel to Government Pleader No.8. This appeal under Clause X of the Letters Patent of the High Court of Judicature at Patna has been preferred by the petitioner of CWJC No.17901 of 2009, and is aggrieved by the order dated 9.3.2010, whereby the writ petition has been dismissed, and dismissal of the writ petitioner (the appellant herein) from the services of the Bihar Government, has been upheld. 2. We have perused the materials on record and considered the submissions of the learned counsel for the parties. The appellant was an Assistant Poultry Officer in the Animal Husbandry Department, Government of Bihar. He was involved in what is commonly known as ‘animal husbandry scam’, and was prosecuted. He was convicted 2 under section 120(b) read with sections 409, 420, 467, 468, 471 read with sections 465 and 477A of the IPC, and further read with sections 13(2) and 13(1) (c) and (d) of the Prevention of Corruption Act 1988, by judgment dated 12.4.2006 (copy of the judgment is annexed as Annexure-I to L.P.A. No.1055 of 2010), passed by the learned Special Judge-IV, C.B.I. (A.H.D. Scam Cases), Ranchi, in Case No.RC-19A/96 PAT. He has been sentenced to undergo R.I. for varying periods which have been directed to run concurrently. The appellant has preferred Cr. Appeal (SJ) No.752 of 2006, which is pending before the High Court of Jharkhand at Ranchi. He has also been convicted under section 120(b) read with sections 420, 467, 468, 471 read with sections 465 and 477A of the IPC, and further read with sections 13(2) and 13(1) (c) and (d) of the Prevention of Corruption Act 1988, by judgment dated 31.5.2007 (Annexure-1), passed by the learned Special Judge-IV, C.B.I. (A.H.D. Scam Cases), Ranchi, in Case No.RC-66A/96. He has been sentenced to undergo R.I. for varying periods which have been directed to run concurrently. In view of the judgments of the learned trial court, the State of Bihar has dismissed the appellant from the services of the Bihar 3 Government after dispensing with departmental proceeding in terms of proviso (a) to Article 311(2) of the Constitution of India. We entirely agree with the order of the learned Single Judge in dismissing the writ petition. 3. We do not find any merit in this appeal. It is accordingly dismissed. (S K Katriar, J.) (Ahsanuddin Amanullah, J.) S.K.Pathak/