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2018 Supreme(Pat) 1223

MADHURESH PRASAD
BIPIN BIHARI MANDAL – Appellant
Versus
STATE OF BIHAR – Respondent


Advocate Appeared:
For the Appellant :M/s. Sanjeev Kr and Rajeev Shekhar, Advocates
For the Respondent: Mr. Deepak Kumar, AC to SCV

JUDGMENT :

MADHURESH PRASAD, J.

1. Heard counsel for the petitioner and the respondents.

2. While the petitioner was posted as a Panchayat Secretary, some allegation was leveled against him for demanding illegal gratification in the matter of appointment of Panchayat Shikshak. The petitioner, thereafter, was alleged to have been caught red handed in a trap case while accepting illegal gratification. Pursuant thereto and in respect of the same allegations, a charge memo vide Prapatra Ka dated 30.01.2014 was issued to the petitioner. The petitioner submitted his written defence. Thereafter, the proceedings were conducted. The petitioner's case is that the findings of the Enquiry Officer dated 08.03.2014 holding the charges proved has been arrived at contrary to the procedure prescribed under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (for brevity, Bihar CCA Rules), specifically Rule 17 (14) thereof. He submits that even though Presenting Officer has been appointed, no evidence was led by the said Presenting Officer. From the enquiry report, he has pointed out that the findings have been recorded against him relying on only two documents which are dated













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