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2018 Supreme(Pat) 1789

SHIVAJI PANDEY
Rabindra Kumar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Kishore Kumar Thakur, Hemant Kumar.
For the Respondents: Smt. Archana Meenakshee.

Shivaji Pandey, J. – Heard learned counsel for the petitioner and learned counsel for the State.

2. In this case, the petitioner is challenging the notification dated 07.02.2018, passed by the Under Secretary, Rural Works Department, Government of Bihar, Patna, whereby and whereunder the petitioner has been dismissed from the service under Rule-14(xi) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (for short “the Bihar C.C.A. Rules, 2005).

3. The short facts of this case are that the petitioner was working as Junior Engineer in the Road Construction Department. After promotion, he was discharging the duty of Assistant Engineer in the year 2010. While posted as Assistant Engineer in the District of Rohtas, a trap was conducted, the petitioner was caught red-handed while taking the bribery amount of Rs.15,000/-, that led to institution of criminal case vide Vigilance P.S. Case No.91 of 2014 under Section 7, 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, which is still pending before the Special Judge, Vigilance, Patna. At the same time, a departmental proceeding was initiated by issuance of “Prapatra-K” dated 17.07.2015 as provid

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