Ram Vinay Kumar vs State of Bihar - 2023 Supreme(Pat) 1048

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 1048

MOHIT KUMAR SHAH
Ram Vinay Kumar – Appellant
Versus
State of Bihar – Respondent

Advocates appeared:
For the Petitioner: M/s Y.V. Giri, Sr. Adv., Ravi Kumar, Shashi Kumar.
For the Respondents: M/s Md. Nadim Seraj, GP-5., Dhuvendra Kumar, AC to GP-5.

Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the order dated 03.02.2014, passed by the District Magistrate, Bhojpur at Ara, i.e. the respondent no.5, whereby and whereunder the petitioner has been inflicted with the punishment of dismissal from service. The petitioner has also challenged the Appellate Order dated 9.4.2021, passed by the Commissioner, Patna Division, Patna, i.e. the respondent no. 4, whereby the Appeal filed by the petitioner has been rejected and has consequently prayed for reinstatement in service and grant of consequential benefits.

2. The brief facts of the case, according to the petitioner, are that the petitioner was appointed as a Clerk in the District Collectorate, Bhojpur at Ara on 22.03.2005, whereafter he had joined the services and since then he has been working to the satisfaction of all concerned. Subsequently, the petitioner was made an accused in Vigilance P.S. Case No. 8 of 2010, on the allegation of accepting bribe of a sum of Rs. 2000/- and having been caught red handed, whereafter the petitioner was suspended by an order dated 31.03.2010 and then a departmental proceeding was initiated. The charges were framed in Prap