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2020 Supreme(Pat) 540

CHAKRADHARI SHARAN SINGH
Upendra Prasad Mandal – Appellant
Versus
State of Bihar through the Secretary, Food and Consumer Protection Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Y.V. Giri, Mr. Sanjay Kumar Giri, Mr. Pratyush Pratap Singh.
For the Respondents: Mr. S. Raza Ahmad, Mr. Alok Ranjan.

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

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