JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

1. The petitioner was working on the post of Block Supply Officer, Kochadhawan in the district of Kishanganj when he was arrested consequent upon a raid conducted by a district level raiding party on the allegation of recovery of ill-gotten money from the petitioner’s residence. An FIR was registered against him and he was put under suspension in exercise of power under Rule 9(1)(a) read with 9(1)(c) and 9(2)(a) of Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as ‘the Rules’) with effect from the date of his arrest i.e. 04.07.2015 vide Memo No. 6699 dated 21.08.2015. A departmental proceeding was initiated against him under Rule 17 of the Rules. An Enquiring Authority and a Presenting Officer were appointed. Following is the gist of the charges framed against the petitioner in the departmental proceeding:-

“1. In view of the complaint submitted by the PDS dealer of Kochadhaman Block about Upendra Prasad Mandal, Block Supply Officer, Kochadhaman about asking for illegal bribe the Collector of Kishanganj through his memo no. 1183 dated 4.07.2015 constituted a raiding party. As per direction of District Magistrate Mr. Bharat Bhushan, Director, DRDA, Kishanganj, made a raid at the rented house of Mr. Upendra Prasad Mandal, Block Supply Officer, Kochadhaman situated at Linepada, Kishanganj, on 4.07.2015 at 11 A.M.

2. That from the house of Upendra Prasad Mandal, block supply Officer, Kochadhaman, Rs. 25000/- alongwith some register was seized by the raiding party constituted under Shri. Bharat Bhushan, Director, DRDA, Kishanganj on 4.07.2015.

3. After completion of the raid on basis of memo issued by the Director, DRDA, Kishanganj through his memo no. 884 dated 4.07.2015 against Mr. Upendra Prasad Mandal, Block Supply Officer, Kochadhaman vide Office Letter No. 483 (C) dated 4.07.2015 an FIR bearing FIR No. 252 of 2015 dated 4.07.2015 was registered in Kishanganj Police Station.

4. As per the sequence of event the same currency notes were recovered from the house of Upendra Prasad Mandal, Block Supply Officer, Kishaganj, which were handed over to District Administration in form of photo copy of currency note by the PDS dealer.”

2. The petitioner submitted his written statement of defence asserting that he was implicated in the criminal case at the instance of PDS dealers and that the District Magistrate, under the pressure of local MLA, in the presence of the said PDS dealers had conducted raid during which from the petitioner’s physical possession only a sum of Rs. 1320.00 was recovered. He asserted that the said raid was conducted in breach of mandatory, statutory provisions. In relation to recovery of a sum of Rs. 25,000.00 along with certain official registers from the petitioner’s house, he asserted that it was not alleged against the petitioner that he was caught while accepting bribe from the dealers rather the amount was shown to have been recovered from the petitioner’s bed and his toilet. He also asserted that allegedly a seizure-list was prepared but it did not bear his signature. He further asserted in his written statement of defence that he became victim of a conspiracy. He, thus, denied the charges and pleaded that his implication in criminal case was on account of conspiracy hatched up by the PDS dealers because of strict measures taken by the petitioner against them.

3. The Enquiring Authority submitted his report on 23.09.2016, a copy of which has been brought on record by way of Annexure-6 to the writ application. It is evident from the report of the Enquiring Authority that he did not record any finding to the effect that any charge of misconduct stood proved in the departmental proceeding. He concluded, on the basis of charge memo, show cause of the charged officer, opinion of presenting officer and the order passed on 07.08.2015 in Special Case No. 12 of 2015 by Special Judge, Vigilance-II, Patna that at the time of raid, sig