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2021 Supreme(Pat) 737

CHAKRADHARI SHARAN SINGH
Birendra Kumar – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Akhilesh Dutt Verma, Advocate, Ms. Shally Kumari, Advocate, for the Appellant; Mr. Kameshwar Kumar, GP-17, for the Respondent.

JUDGMENT

1. The petitioner has assailed, in the present writ application filed under article 226 of the Constitution of India, an order issued by Memo No. 1162 dated 30.09.2014 (Annexure-11) passed by the Director, Primary Education, Government of Bihar, whereby he has been dismissed from service. His appeal against the order of dismissal has been rejected by the appellate authority by an order issued vide Memo No. 1160 dated 27.12.2016 (Annexure-13), which is also under challenge in the present application.

2. Briefly narrated, the facts of the case are that the petitioner, at the relevant point of time, was posted as Block Education Officer, Tharthari in the district of Nalanda. A departmental proceeding was initiated against one Balwant Kumar, a Headmaster posted at Gauravchak Primary School, Ekangarsarai, in which the petitioner was appointed as an enquiring authority. The said Balwant Kumar made an application on 02.08.2013 before the Superintendent of Police, Vigilance Investigation Bureau, with an allegation that the petitioner was demanding bribe of Rs. 10,000/- for submitting a favourable report in the departmental enquiry. The petitioner submitted his enquiry report as an e

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