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2017 Supreme(Pat) 698

JYOTI SARAN
Ashwini Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Arun Kumar.
For the Respondent: Mr. Lalit Kishore.

JUDGMENT :

JYOTI SARAN, J.

1. Heard Mr. Arun Kumar learned counsel for the petitioner, Mr. Hari Shankar learned A.C. to PAAG-1 for the State and Mr. Sanjay Pandey, learned counsel for the Bihar Public Service Commission.

2. The petitioner prays for quashing of the order bearing Memo No. 3038 dated 28.6.2016 of the State Government in its Registration, Excise and Prohibition Department whereby the petitioner has been dismissed from service under Rule 14(xi) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as the Rules).

3. With the consent of the parties, the writ petition is heard and is being disposed of at the stage of admission.

4. The petitioner a gazetted Government servant holding the post of Superintendent, Excise was proceeded against by service of a charge memo, a copy of which is impugned at Annexure-18 to the writ petition. Three charges were framed against the petitioner namely:

(a) Causing revenue loss to the State for not ensuring lifting of the minimum guarantee quota of India made foreign liquor/Beer.

(b) Colluding with the Licensee to secure personal gains.

(c) Inefficiency in discharge of duties and disobedience of















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