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2021 Supreme(Pat) 100

CHAKRADHARI SHARAN SINGH
Ajoy Kumar Sinha – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Sourav Suman, Advocate, Sanchay Srivastava, Advocate, Arvind Ujjwal, Advocate

JUDGMENT

Chakradhari Sharan Singh, J. - The petitioner has sought for quashing of a resolution dated 17.06.2020, whereby it has been decided to initiate disciplinary proceeding against him under Rule 17(2) of the Bihar Government Servant (Classification Control and Appeal) Rules, 2005 (hereinafter referred to as 'the Rules'). By the said resolution, the Chief Enquiry Commissioner, General Administration Department has been appointed as Inquiring authority and Executive Engineer as the Presenting Officer. The allegation against the petitioner relates to the period (2008- 2011) when he was posted as Executive Engineer, Public Health Division, in relation to the works arising out of separate four agreements.

2. A counter affidavit has been filed on behalf of the State of Bihar.

3. I have heard Mr. Sourav Suman and Sanchay Srivastava, learned counsel for the petitioner and Mr. Arvind Ujjwal, learned Standing Counsel No.4, learned counsel, representing the State of Bihar.

4. On conjoint reading of the pleadings on record it has emerged that a complaint was received in the Department in respect of quality of hand pumps in PH Division, Gaya, based on which a Three-Man Committee was constitute

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