Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order of punishment dated 10.10.2014, passed by the Additional Secretary, Department of General Administration, Government of Bihar, Patna, i.e. the respondent no.3, whereby and whereunder the petitioner has been dismissed from service. The petitioner has also prayed for quashing of the order dated 09.06.2015, passed by the respondent no.3, dismissing the review petition filed by the petitioner.

2. The brief facts of the case are that the petitioner, after being appointed in the Government service, had been working to the satisfaction of all concerned, however, while he was posted as Circle Officer, Begusarai and had got an F.I.R. instituted, bearing Sahebpur Kamal P.S. Case No. 21 of 2007, dated 11.02.2007, against the accused persons, who were creating law and order problem in construction of a boundary wall on the land of one, Shri Mahesh Prasad Yadav at Begusarai, a complaint was received by the Vigilance Department against the petitioner of demanding a sum of Rs.50,000/- by way of illegal gratification from the accused persons of the aforesaid police case, whereupon the Vigilance Department had laid a trap and had caught the petitioner accepting bribe of Rs. 8000/- from one Subhash Yadav on 22.02.2007, leading to lodging of Vigilance Case No. 24 of 2007, dated 23.02.2007. The disciplinary authority had thereafter framed charges and Prapatra (Ka) dated 19.09.2007 was served upon the petitioner, levelling the following charges: –

“(i) The conduct of the petitioner of having demanded Rs.50,000/- for the purpose of discharging his duties is a bad conduct.

(ii) Despite the complainant Subhash Yadav having deposited a sum of Rs. 10,000/- and Rs. 3,020/- in the office, as per the rules, the demand of Rs. 50,000/-, made by the petitioner from him is illegal.

(iii) It is only when the complainant had agreed to pay Rs. 10,000/- to the petitioner, out of which a sum of Rs.2,000/- was paid and he had promised to pay the remaining amount of Rs.8,000/-, the petitioner had agreed to discharge his duties and had agreed to go to the spot along with the police force.”

3. The petitioner had then submitted his reply to the aforesaid chargesheet on 22.01.2008 and then the inquiry was conducted by the Commissioner, Tirhut Division, Muzaffarpur, however no witnesses were examined during the course of the departmental proceeding and finally the Commissioner, Tirhut Division, Muzaffarpur, had submitted the inquiry report dated 14.12.2013, wherein it has been stated that since the present departmental inquiry has been initiated on account of lodging of the Vigilance Case against the petitioner, pertaining to him having been caught red handed while taking bribe, all the three charges levelled against the petitioner are found to have been proved. Thereafter, the Joint Secretary, General Administration Department, Govt. of Bihar, Patna had issued a second show cause notice dated 02.04.2014, to which the petitioner had submitted a detailed reply dated 16.04.2014, inter-alia stating therein that neither he has been supplied with the documents which he had asked for nor he has been permitted to examine any witness nor any witness has been examined by the department to prove the charges levelled against the petitioner much less him having been granted any opportunity to crossexamine the department’s witnesses. Thereafter, the disciplinary authority i.e. the respondent no.3 had passed the impugned order of punishment dated 10.10.2014, whereby and whereunder the petitioner has been dismissed from service merely on the pretext that chargesheet has already been filed by the police in the pending Vigilance Case No. 124 of 2007, before the learned trial court. The petitioner is stated to have filed a review petition, however, the same has also stood dismissed by an order dated 09.06.2015, passed by the respondent no.3.

4. The learned counsel of the petitioner has submitted that the ent