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2023 Supreme(Pat) 66

SANJEEV PRAKASH SHARMA
Jai Prakash Narayan Das Son of Santoshi Das @ Santoki Das – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Lalan Kumar, Adv.
For the Respondents: Mr. J.K. Roy 1, SC XIII

JUDGMENT :

1. Heard the parties.

2. The petitioner by way of this writ petition seeks to quash the order, dated 26.09.2019, passed by the respondents whereby he has been punished with dismissal from service making him ineligible further service and also the order passed in appeal February, 2020, whereby the appeal was rejected with consequential prayer to reinstate him in service with all benefits.

3. Brief facts which deserve to be noted are that a vigilance case was registered against the petitioner on 29th July, 2018, alleging of demand of bribe from a Block Teacher, he was arrested on 30th July, 2018, while receiving Rs.15,000/-as bribe. He was suspended with effect from 29th July, 2018. After the petitioner was granted bail, he submitted his joining on 24.12.2018. The petitioner was served with the charge sheet for initiating major penalty under Rule 17 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as, ‘the Rules 2005’) vide charge memo dated 20th February, 2019.

4. The Regional Deputy Director, Education, Purnea Division, was appointed as Enquiry Officer to conduct the enquiry, who asked the petitioner to submit his expla

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