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2018 Supreme(Pat) 616

MOHIT KUMAR SHAH
Anand Kumar Bardhan, Son of late Balgovind Ram – Appellant
Versus
State of Bihar through Principal Secretary, Industry Department, Government of Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioners: Mr. Y.V. Giri, Mr. Ashish Giri, Mr. Sumit Kumar Jha
For the Respondents: Mr. Subhash Prasad Singh

JUDGMENT :

The petitioner by way of the present writ petition has prayed for quashing the order dated 06.09.2016 issued by the Principal/Deputy Secretary, Industrial Department, Government of Bihar, Patna by which the petitioner has been inflicted the punishment of dismissal from service.

2. The brief facts of the case are that the petitioner was discharging his duty as Deputy Director (Technical) Technical Development Directorate Industry Department, Bihar, Patna when he was informed about initiation of the departmental proceeding by a Resolution dated 16.12.2014, on the ground of being found in a nude condition alongwith a lady in a beauty parlour whereupon the police had arrested the petitioner and S.K. Puri P.S. Case No. 306 of 2014 was lodged against the petitioner under Sections 290, 291/34 of the Indian Penal Code and Sections 3, 4, 5, 6 of the Immoral Trafficking (Prevention) Act, 1956.

3. The Inquiry Officer submitted his inquiry report dated 15.04.2015, wherein the Inquiry Officer has recorded that despite several letters sent to the witnesses i.e. the Senior Superintendent of Police, Patna, Officer Incharge of the concerned police station and others, none of the witnesses t


































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