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2021 Supreme(Pat) 720

CHAKRADHARI SHARAN SINGH
Ashok Paswan – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Sanjeet Kumar, Advocate, for the Appellant; Mr. Ajay-G.A.-5, Mr. Pratik Kr. Sinha, A.C. to G.A.-5, for the Respondent.

JUDGMENT

1. Heard learned counsel for the parties.

2. There are certain undisputed facts of this case. The petitioner, at the relevant point of time, was working as Upper Division Clerk and was posted as Nazir in the block office, Dalsinghsarai. A complaint was lodged by one Acharya Kritbodhanand against the petitioner alleging demand of bribe to the tune of Rs.76,000/- for clearing the final bill in connection with Kaushal Unnayan Prashikshan. This led to raid conducted by the Vigilance team on 13.11.2009. The petitioner was apprehended and subsequently an F.I.R. being Vigilance P.S. Case No. 112 of 2009 was instituted for the offence punishable under Sections 7/13(2) read with 13(1)(2) of Prevention of Corruption Act, 1988 on 14.11.2009. He was released on bail subsequently on 06.07.2011. Thereafter, the District Magistrate, Samastipur -cum- the Disciplinary Authority, issued a chargesheet (Annexure- P/7) with the only charge that the petitioner had been arrested by the Vigilance team on the allegation of accepting bribe from an N.G.O. The said memo of charge did not contain any list of document or the witness on whose evidence the Department intended to establish the said miscondu

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