IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.929 of 2009 Shesh Prasad Singh, son of late Ramdihal Singh, resident of Village-Bagwan, P.S. Sandesh, District-Bhojpur ---------- Petitioner ---- Appellant. Versus 1. The State of Bihar 2. The Administrator, Biscomaun, West Gandhi Maidan, Patna. 3. The Secretary, Department of Cooperative, Government of Bihar, Patna. 4. The Registrar, Cooperative, Government of Bihar, Patna. ----- Respondents --- Respondents. --------- 4. 14.12.2009 Heard Mr. Ganesh Prasad Singh for the appellant, Mr. Ritesh Kumar, learned Assistant Counsel to Additional Advocate General No.I, and Mr. Vikash Kumar for the Biscomaun and its functionaries. This appeal under Clause 10 of the Letters Patent of High Court of Judicature at Patna has been preferred by the petitioner of C.W.J.C. No. 1128 of 2001 (Shesh Prasad Singh Vrs. The State of Bihar & Ors.), whereby the writ petition has been dismissed, and the order of dismissal from service has been upheld. A brief statement of facts essential for the disposal of this appeal may be indicated. The petitioner (appellant herein) was at the relevant point of time posted as assistant Godown Manager, Surajpura. He was carrying the cash amount of Rs. 1,04,430/- belonging to Biscomaun, and had to be deposited with the State Bank of India, Bikramganj Branch. The money was allegedly looted on 20.11.1992, leading to a First Information Report at the instance of the petitioner. He was placed under suspension on 20.12.1993. The First Information Report in which the petitioner was the informant took a turn for the worse for him and he was charge-sheeted. After conclusion of the trial, 2 he was acquitted. A criminal case was also initiated which ended in acquittal. Simultaneously a departmental proceeding was started against him whereby he was dismissed from service leading to the writ petition. We have perused the materials on record and considered the submissions of learned counsel for the parties. Learned counsel for the Biscomaun has made available the original records of the departmental proceeding. It appears that the petitioner was served with a charge sheet. He had submitted his show-cause to the learned Enquiry Officer and participated in the enquiry proceedings. On a consideration of the materials available on record, learned Enquiry Officer submitted his report in which he found the petitioner guilty of embezzlement of Rs.1,04,430/-. Learned disciplinary authority accepted the enquiry report and dismissed him from service. It appears to us that the petitioner was afforded full opportunity to cross-examine the witnesses of the Biscomaun, and present his defence. Principles of natural justice were observed and the prescribed procedure was followed. We are also convinced that the punishment meted out to the appellant is proportionate to the gravity of the proven charges. We entirely agree with the impugned order and finding of the learned Single Judge. We do not find any infirmity in the impugned order. The appeal is dismissed. Vinay/ ( S. K. Katriar ,J. ) (Kishore K. Mandal, J.)