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2018 Supreme(Pat) 672

MADHURESH PRASAD
Balmukund Prasad son of Late Bhagwat Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ajey Kumar, Advocate
For the State : Mr. Vasant Vikas, AC to GP 12

JUDGMENT :

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner seeks quashing of the order dated 28.3.2014 (Annexure 12), passed by the District Magistrate, Nalanda, whereby he has been dismissed from service.

3. At the relevant point of time, the petitioner was posed as Clerk/Assistant in the District land Acquisition Office, Nalanda at Biharsharif. He was trapped in a vigilance case which was instituted as Vigilance Police Station Case No. 75 of 2012 dated 11.12.2012 under various sections of the Prevention of Corruption Act, 1988. He was placed under suspension in contemplation of a departmental proceeding. On his release on bail, his suspension was revoked and he was posted in SDO office, Hilsa.

4. One charge memo “Praptra Ka” dated 13.5.2013 came to be issued to the petitioner on the same charges for which a criminal proceeding was initiated under Vigilance Police Station Case No. 75/2012. Learned counsel for the petitioner submits that in the departmental proceeding neither any witness was produced and examined in support of the charge nor the requested documents were given to the petitioner. Procedure provided under the Bihar Governme

















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