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2020 Supreme(Pat) 342

ANJANA MISHRA
Rajesh Ranjan Poddar – Appellant
Versus
The State Of Bihar through Principal Secretary, Bihar Land and Revenue Department – Respondent


Advocates Appeared:
For the Petitioner: Mr.Ansul, Mr. Sanjeev Kumar, Mr. Rajeev Shekhar
For the Respondent: Mr. Ajay, A.C. to G.P.-7

JUDGMENT :

The writ petitioner before this Court is seeking a writ of certiorari for quashing the impugned order, contained in Annexure 4 to the writ application, issued under the signature/order of the Collectorate, Bhagalpur, bearing Memo No.1145 dated 26.05.2014, and which has been affirmed by the Appellate Authority-the Commissioner, Bhagalpur Division, Bhagalpur, in Service Appeal No.39/2014-15, vide order dated 08.12.2014 (Annexure 6), which is also impugned in the present writ application.

2. Before adverting to the submissions of the petitioner, it would be necessary to detail the brief facts from which the present writ application emanates:

    (i) Having joined the service of the State of Bihar, the petitioner worked as Halka Karmachari in Anchal Office at Kahalgaon at the time of the occurrence. The petitioner is to superannuate in the year 2027.

(ii) Pursuant to a vigilance case, the authorities, vide Memo No.2184 dated 30.09.2008, issued a memo of charge in the form of Prapatra-“Ka” to the petitioner and accordingly, a departmental proceeding was initiated, to which the petitioner submitted his explanation.

(iii) After the Enquiry Officer and the Presenting Officer were ap

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