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2023 Supreme(Pat) 1038

P. B. BAJANTHRI, RAMESH CHAND MALVIYA
Nageshwar Sharma – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : Mr. Bishnu Kant Dubey.
For the Respondents: Mr. S. Raza Ahmad, AAG-5.

P. B. Bajanthri, J. – In the present L.P.A., the appellant assailed the order dated 15.01.2019 passed in C.W.J.C. No. 8328 of 2017.

2. The appellant while working as Executive Engineer in Samastipur Division, an FIR No.7 of 2013 was registered for the offences under Prevention and Corruption Act, 1988, in particularly, sub-Section 2 of Section 13 read with sub-Section 1 (e) of section 13. Parallely, departmental inquiry was initiated on the alleged allegation of disproportionate to the known source of income. On these allegations, he was placed under suspension on 06.12.2013, charge memo was issued. In the charge memo, list of documents have been cited as No.1, 2 and 3. There are no list of witnesses to adduce evidence on behalf of author of those documents. In other words, it is a case of no evidence or perverse evidence for the reasons that certain documents have been taken note of and proceeded to conclude the inquiry and imposition of penalty of dismissal from service on 08.08.2016.

3. Learned Single Judge on page nos. 19 to 30 of the order dated 15.01.2019 passed in C.W.J.C. No. 8328 of 2017 held as under: –

“....Third plea has been taken by the learned counsel for the petitione

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