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2022 Supreme(Pat) 704

SANJEEV PRAKASH SHARMA
Kumar Raja – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Manish Chandra Gandhi.
For the Respondents: Mr. Sajid Salim Khan.

Sanjeev Prakash Sharma, J.—Heard the parties.

2. The petitioner by this writ petition assails the order dated 18 February, 2014, whereby he has been dismissed from service and the order dated 17.04.2015 read with order dated 15.05.2015 whereby the appeal preferred against the dismissal order was rejected by the Divisional Commissioner. He further prays to be reinstated.

3. The brief fact which required to be noticed are that the petitioner was holding the post of Revenue Clerk on which he was appointed on 10.06.1997. While he was posted at Circle office, Chapra, he was arrested in a trap case, registered against him on 31.10.2007 by the Vigilance on the ground of demanding Rs.5,000/- from one Om Prakash Prasad for mutating his name in the revenue record. On 31.10.2007, he was suspended while in jail on 05.12.2007 and was released on 24.08.2008, his headquarters has been changed during suspension to Marhaura Sub-divisional Office and he therefore submitted his presence on 02.06.2008. A charge sheet was served upon him vide memo dated 19.08.2008 under Rule 17 of the CCA Rules, 2005, enquiry officer was appointed and presenting officer was also appointed to conduct the enquiry. The peti

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