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CHAKRADHARI SHARAN SINGH
Mithilesh Kumar – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
1. This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
2. At the relevant point of the time, the petitioner was working as a Block Development Officer, Parwalpur, in the District of Nalanda. On the basis of a complaint filed by one Mohan Lal, Mukhiya (the complainant) regarding demand of bribe being made by the petitioner, the Vigilance Investigation Bureau had conducted a raid. The petitioner was apprehended on the allegation of having been caught red-handed while accepting a bribe of Rs. 10,000/-. He was put under suspension, as he was taken into custody. He was subsequently enlarged on bail and was allowed to join his post. However, he was again put under suspension in contemplation of a departmental proceeding. A memo of charge was served upon him. The charge against the petitioner read as under:-
3. Evidently, the petitioner's arrest by the team of Vigilance Investigation Bureau while accepting bribe was the only allegation against the petitioner, which had led to registration of Vigilance P.S. Case No. 10/2011 against him. From the charge memo, it is evident that vague reference to letters issued by the Rural Development Departmen
In disciplinary inquiries, the standard of proof requires more than mere suspicion; due process must be observed, including the right to cross-examine witnesses.
Disciplinary dismissals must respect procedural fairness and natural justice, ensuring proper evidence is presented and that the accused has a fair opportunity to defend against alleged misconduct.
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