IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11121 of 2001 MANGALESHWAR PRASAD Versus THE STATE OF BIHAR & ORS ----------- Advocate for the petitioner:- Mr.Manoj Kr.No.1 Advocate for the State Mr.Braj Kishore Pd.Sinha, Mr. Sanjay Prasad & Mr. Suryakant Kumar 3 22-9-2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been dismissed from service as Panchayat Sewak by order of the Collector, Darbhanga dated 14-12-1999 contained in annexure-2. The order impugned discloses that the charges of temporary embezzlement of Rs.21,350/- led to suspension of the petitioner and a departmental proceeding. In the proceeding the charges were found correct but the petitioner neither appeared in the departmental proceeding nor he filed reply to the show cause notices and ultimately he was punished when he did not avail the opportunity to deposit the money or to give reply to show cause notices. On behalf of petitioner a plea was taken that he was not served with second show cause notice but that has been denied by the respondents in paragraph-4 and even in the impugned orders details of notices upon the petitioner are mentioned. It was further submitted on behalf of the petitioner that after the order of punishment he has deposited the amount in question. Such subsequent conduct of depositing the Government money on 11-10-2000 much after the order of dismissal dated 14-12-99cannot - 2 - Naresh wash out the order of dismissal. In the facts of the case this court finds no merit in the writ petition. It is accordingly dismissed. ( Shiva Kirti Singh,J)