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2024 Supreme(Pat) 773

MOHIT KUMAR SHAH
Shailendra Kumar Ojha – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Ravi Kumar.
For the Respondents: M/s Raghwanand, GA-11, Sanjay Kr. Tiwari, AC to GA-11.

Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the resolution contained in Memo No.359 dated 22.10.2021, by which the Disciplinary Authority has initiated a departmental proceeding purportedly under Rule 43(b) of the Bihar Pension Rules, 1950 (hereinafter referred to as the ‘Rules, 1950’).

2. The brief facts of the case, according to the petitioner are that the petitioner was appointed in the Department of Agriculture, Government of Bihar, Patna on 28.01.1988, whereafter he was transferred as District Agriculture Officer, Saran at Chapra on 29.06.2002. It is the case of the petitioner that two errant sub-ordinate officers used to harass the petitioner and they were not co-operating with the petitioner in discharge of the official work, leading to the petitioner having informed the police about the misdeeds of the said two sub-ordinate officers, however, no action was taken and instead a false trap case was lodged and the petitioner was made an accused in Vigilance P.S. Case No.18 of 2003, whereafter he was taken into custody and enlarged on bail on 08.01.2004. The petitioner was suspended vide order dated 21.02.2004 and subsequently, the suspension was re

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