Anil Kumar Sinha, J. – The present writ application has been filed by the petitioner for setting aside the order of punishment, as contained in Memo No. 8/vk-05-37/2014 931, dated 01.12.2020, issued by the Director, Primary Education, Education Department, Government of Bihar, Patna, whereby 100 per cent pension of the petitioner has been withheld and further it has been ordered that he shall be entitled for subsistence allowance from the date of suspension till his superannuation, i.e., from 01.04.2014 to 31.01.2017 and from 01.02.2017 till the date of passing of the impugned order, the petitioner shall be entitled for provisional pension along with leave encashment.

2. The brief facts, giving rise to the present writ application, is that at the relevant point of time, the petitioner was posted as Block Education Officer in the District of Samastipur. One Sunil Kumar lodged a complaint with the Vigilance Investigation Bureau, alleging that the petitioner was demanding Rs. 50,000/- for himself as well as for District Programme Officer for submitting favorable report for upgradation of a school, namely, Upgraded Middle School, situated at Village- Silaut, Pokhraira, in the district of Samastipur.

3. On the basis of said complaint, the Vigilance Investigation Bureau led a trap on 01.04.2014 and arrested the petitioner, along with a sum of Rs. 25,000/-, which was taken by him as bribe, lodged First Information Report, bearing Vigilance Police Station Case No. 25 of 2004, for the offences punishable under Sections 7/13 (1-d) of the Prevention of Corruption Act. The petitioner was taken into custody on the same day. The Director, Primary Education, Bihar, Patna, vide Memo No. 569, dated 29.04.2014, suspended the petitioner with effect from 01.04.2014.

4. After grant of bail, the suspension of the petitioner was revoked with effect from 11.08.2014 and was again suspended vide order, contained in Memo No. 1151, dated 26.09.2014, with effect from 11.08.2014, by the Director, Primary Education, Patna, in contemplation of initiation of departmental proceeding. Vide order, contained in Memo No. 1411, dated 15.12.2014, the Director, Primary Education, Bihar, Patna, appointed the Regional Deputy Director, Department of Education, Tirhut Division, Muzaffarpur, as Enquiry Officer and the District Programme Officer (Establishment), Muzaffarpur, as Presenting Officer in the departmental proceeding initiated against the petitioner.

5. The petitioner was served with memo of charges (Prapatra d), by the aforesaid Memo No. 1411, in which five charge were levelled against him, which are as follows: –

1. Charge No. 1. – demanded bribe of Rs. 50,000/-for discharge of official duty from Sri Sunil Kumar Jha, son of Sri Dayanand Jha, village- Silaut, Poost Pokhraira, Police Station Mufassil, District Samastikpur for District Programme Officer, Secondary Education and himself;

2. Charge No. 2. – was arrested red-handed while taking bribe amount of Rs. 25,000/- by the Vigilance Investigation Bureau;

3. Charge No. 3. – Acted in contravention of the Government Servant Conduct Code;

4. Charge No. 4. – carelessness in discharge of official duty; and

5. Charge no. 5. – indulged in corrupt practice.

6. The enquiry report (Annexure 4) was submitted on 10.03.2015 by the Enquiry Officer and as per the enquiry report, four charges were not proved and regarding the charge no. 2, which relates to the arrest of the petitioner red-handed with Rs. 25,000/-, the Enquiry Officer has opined that since criminal case is going on, therefore, it would be better to wait for the conclusion of the criminal trial. In other words, the Enquiry Officer has exonerated the petitioner from all the charges levelled against him.

7. The Director, Primary Education, issued second show cause, vide letter no. 303, dated 18.05.2015, and directed the petitioner to submit reply to the second show cause.

8. The petitioner filed CWJC No. 8697 of 2015 for stay of the departmental proceeding pending final disp