Krishna Kant Kumar vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Pat) 368

P. B. BAJANTHRI
Krishna Kant Kumar – Appellant
Versus
State of Bihar – Respondent

Advocates appeared:
For the Petitioner: M/s Dr. Anand Kumar, Sanjay Kumar Ghosarvey.
For the Respondent: Mr. Sitaram Yadav.

P. B. BAJANTHRI, J.:–Heard learned counsels for the parties.

2. In the instant petition, petitioner has prayed for following reliefs:—

“(i) For issuance of writ in the nature of certiorari or any other appropriate writ for quashing the order contained in Memo No. 7862 dated 30.7.2014 issued under the signature of Joint secretary- OSD- Cum-Chief Vigilance Officer, Building Construction Department, Govt. Bihar, Patna, whereby the petitioner has been awarded punishment of ‘Dismissal’ from Service for the single charge of demanding and accepting illegal gratification of Rs. 20,000/-, though this charge could not be proved in departmental enquiry and also without considering the submission of the petitioner his reply to the second show cause, And also this punishment order has been passed without considering the submission of the petitioner fact that a criminal proceeding is still pending for the identical charge before the Special Judge(Vigilance), Patna.

(ii) For issuance of writ in the nature of mandamus or any other appropriate writ for directing the respondents to reinstate the petitioner on the post of Executive Engineer with all consequential benefit.

(ii) For holding that the second

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