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2021 Supreme(Pat) 918

SANJAY KAROL, S. KUMAR
Vikramaditya Singh – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Prabhat Ranjan, Adv
For the Respondent: Mr.Ajay Kumar Rastogi

JUDGMENT :

S. Kumar, J.

Heard learned counsel for the parties.

2. This LPA under Clause 10 of Letters Patent Appeal has been preferred for setting aside the judgment and order dated 08.07.2019 passed by learned Single Judge in CWJC No. 1012 of 2017, dismissing the writ petition.

3. Briefly stated, the facts of the case is that Appellant was posted as Block Development Officer, Sonhaula Block, in the district of Bhagalpur from 05.04.2010, when a joint complaint was made to Chief Minister, Bihar, alleging certain misappropriation and irregularities in the grant of diesel subsidy for the year 2009-10 and 2010-11 by Mukhiya and Panchayat Secretary by preparing a false distribution register.

4. Aforesaid complaint, was transferred to the Vigilance Department and enquiry was conducted and thereafter Vigilance PS. Case No. 71 of 2013 was instituted on 06.11.2013 under Sections 467, 468, 471, 420, 409 r/w 120B of IPC and section 13(2) and Section 13(1)(c)(d) of PC. Act, 1988, in which sanction for prosecution was granted against Appellant vide office order no. 453 dated 06.02.2012 and Appellant was put under suspension in terms of Rule-9 of Bihar Government Servant (Classification, Control and

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