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2019 Supreme(SC) 1334

L.NAGESWARA RAO, HEMANT GUPTA
STATE OF BIHAR – Appellant
Versus
PHULPARI KUMARI – Respondent


Advocates Appeared:
For the Appellant(s) :Saket Singh, Sangeeta Singh, Somyashree, Niranjana Singh, Advocates
For the Respondent(s):Amit Kumar Singh, K. Enatoli Sema, Ashish Giri, Gaurav Prakash, Advocates

JUDGMENT

L. Nageswara Rao, J.

The State of Bihar has filed the above Appeal questioning the judgment of the High Court of Judicature at Patna by which the order of dismissal of the Respondent dated 10.12.2014 was set aside.

2. The Respondent was appointed as a Child Development Officer on 29.06.2011. Sh. Jitendra Rajak filed a complaint against the Respondent to the Vigilance Bureau of Investigation, Patna alleging demand of illegal gratification. The Vigilance Bureau conducted a raid and the Respondent was caught red-handed while accepting an amount of Rs. 40,000/-. A First Information Report (FIR) was registered against the Respondent on 17.08.2013. Simultaneously, disciplinary proceedings were commenced against the Respondent on 12.11.2013 and she was placed under suspension. An inquiry was held in which the following charges were framed:

    First Charge:

    "You demanded the gratification amount for the selection/appointment letter to the selected candidate after the selection of the general meeting on the vacant post of Anganwari Sevika in Anganwari Centre No. 27 (Ward No. 03 Panchayat Mahuli) of the Child Development Project, Patna Rural Patna."

    Second Charge:

    Irregular operation of Ang


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