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2022 Supreme(Pat) 810

IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI, J.
CWJC No. 8941 of 2017
(23.3.2022)
Dinesh Kumar Singh ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates:
For the Petitioner: Mr. Abhinav Srivastava.
For the Respondent: Mr. Ajay Kumar.

Headnote:

Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 – Rule 14 (xi) – Dismissal from service – Petitioner while working as Assistant in Secretariat, he was alleged to have demanded and accepted illegal gratification – Petitioner was subjected to parallel proceedings – Criminal proceedings are still pending consideration before jurisdictional forum – Prima facie, disciplinary authority has committed error in not following procedure laid down under Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 – Petitioner has made out a prima facie case on technicality that charge-memo is not supported by list of documents and list of witnesses – Documents which were cited have not been made available to petitioner – There is a violation of principles of natural justice in not providing list of documents, demand of a document and in not citing list of witnesses so also none of witnesses have supported alleged charge – Impugned orders set aside and matter remanded to disciplinary authority to commence a fresh enquiry from stage of initiation of enquiry – Disciplinary authority directed to take decision either to reinstate petitioner or to place him under suspension till disciplinary proceedings are concluded. (Paras 2, 5 to 8)

P. B. Bajanthri, J.—Heard learned counsel for the parties.

In the instant petition, petitioner has prayed for the following relief/reliefs:—

“(i) Issuance of a direction, order or writ, including writ in the nature of certiorari quashing the order dated 09.05.2017 passed by the Appellate Authority-cum-Member, Board of Revenue, Bihar, Patna, by which the appeal preferred by the petitioner against the order of punishment contained in Memo No. 7350 dated 24.05.2016 passed by the disciplinary authority, by which the punishment of dismissal from service has been inflicted upon the petitioner has been rejected;

(ii) Issuance of direction, order or writ, including writ in the nature of certiorari quashing the order dated 24.05.2016 bearing Memo No. 7350 issued by the concerned authorities under the General Administration Department of the State Government, by which the punishment of dismissal from service has been inflicted upon the petitioner in terms of the provisions contained under rule 14 (xi) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005;

(iii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the General Administration Department of the State Government to take steps towards reinstating the petitioner against the post of Assistant in the Bihar Secretariat Service of the State government alongwith all the consequential benefits in terms of arrears of salary, promotion, increment, etc. that have been denied to the petitioner on account of the passing of the impugned order of punishment of dismissal from service against him;

(iv) Issuance of a direction, order or writ including writ in the nature of certiorari quashing in order dated 16.02.2017 bearing memo no. 1819 issued by the concerned authorities under the General Administration department of the State Government, by which on account of punishment of dismissal from service having been inflicted upon petitioner under rule 14 (ix) of the Bihar Government Servants (Classification, Control and Appeal) Rules 2005, it has been ordered that the petitioner would not be entitled for any payment other than subsistance allowance paid to him for the period of suspension between 31.07.2008 to 21.07.2009 and 13.10.2009 to 23.05.2016. (v) Any other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case.”

2. The petitioner while working as Assistant in the Secretariat, he was alleged to have demanded and accepted illegal gratification, a sum of Rs.1600/- (Rupees Sixteen Hundred), on 31.07.2008 from the complainant-Radha Mohan Singh. Based on the complaint of Radha Mohan Singh authorized officer of the vigilance department apprehended the petitioner while accepting illegal gratification, a sum of Rs.1600/- (Rupees Sixteen Hundred), on 31.07.2008. Arising out of the aforesaid incident, department proceeded with parallel proceedings. Criminal proceedings is still pending consideration before the jurisdictional forum. Insofar as departmental proceedings is concerned, it was initiated on 20.04.2009 in framing article of charges and it was concluded in imposition of penalty of dismissal from service on 24.05.2016. Feeling aggrieved by the order of dismissal, petitioner preferred appeal on 30.06.2016 and it was rejected on 09.05.2017. Hence, the present petition.

3. Learned counsel for the petitioner submitted that petitioner has not been provided letter dated 25.06.2008 which is stated to be a copy of the complaint furnished by the complainant-Radha Mohan Singh despite demand before the concerned authority. It is also submitted that none of the witnesses were examined in the enquiry like vigilance authority or panch-independent witnesses in order to corroborate that there was a demand and acceptance of illegal gratification of a sum of Rs.1600/- (Rupees Sixteen Hundred) on 31.07.2008. It is further pointed out that alongwith

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