IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.291 of 2008 PARSHURAM JHA Versus THE STATE OF BIHAR & ORS ----------- For the appellant: Mr. Baidya Nath Thakur, Advocate & Mr. Shankar Kumar Thakur, Advocate ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal -------- Dated, the 29th July, 2008. The counsel for the appellant does not dispute that the appellant took advance in the sum of rupees five thousand in the year 1990 to meet his daughter’s wedding expenses. He also does not dispute that the said amount was not re-paid within time; rather it was not paid back after more than seven years. The counsel, however, submits that in the year 1992, the appellant wrote to the concerned authorities that presently his financial condition was not good and as soon as his condition improves, he would pay back the amount. 2. We are afraid, the conduct of the appellant in not repaying the advance for seven years amounts to temporary misappropriation of the government amount. 3. The counsel fairly admits that although the appellant stayed in the government accommodation but despite that, for one month, he withdrew the house rent allowance. This admitted position - 2 - would also show that the appellant was guilty of misconduct for withdrawing house rent allowance although he was staying in the government accommodation. 4. The charges, thus, having been found to be proved by the disciplinary authority, cannot be said to suffer from any illegality. If the said findings are proved on the basis of the available material and the admitted position, the grievance of the appellant that the Commandant (inquiry officer) was prejudicial to him pales into insignificance. 5. We are, thus, satisfied that the appellant was guilty of gross misconduct and, in view thereof, his dismissal from service cannot be flawed. The consideration of the matter by the Single Judge does not call for any interference by us. 6. L.P.A. is dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J. Anil/