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2017 Supreme(Pat) 1151

JYOTI SARAN
Shweta Mishra D/o Sri Dinesh Kumar Mishra – Appellant
Versus
State of Bihar through its Chief Secretary, Govt. of Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioner: Mr. Bindhyachal Singh, Mr. Aditya Narayan Singh-1, Adv.
For the Respondent: Mr. Dipak Sahay Jamuar, A.C. to AAG 4

JUDGMENT :

1. Heard Mr. Bindhyachal Singh, learned counsel for the petitioner and Mr. Dipak Sahay Jamuar, learned A.C. to AAG 4 for the State.

2. With the consent of the parties, the writ petition has been heard with the view to final disposal at the admission itself.

3. It takes only a photograph to dismiss a Senior Deputy Collector, a member of the Bihar Administrative Service on an allegation of bigamy. The petitioner while questioning the entire disciplinary proceedings initiated against her has prayed for quashing of the order bearing Memo No.1403 dated 28.1.2016 passed by the State Government in its General Administration Department impugned at Annexure-12 to the writ petition whereby the petitioner has been dismissed from service. The petitioner also prays for reinstatement with full consequential benefits.

4. The foundation for the disciplinary proceeding resulting in the impugned order of dismissal lies in a complaint filed by one Arpana Tripathi on 6.3.2013 in which the complainant while accepting that she has instituted an F.I.R. against her husband and the petitioner charges the two person of colluding in torturing her. The allegation is that the two persons i.e the husband









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