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2024 Supreme(Online)(Pat) 3475

PATNA HIGH COURT
BIBEK CHAUDHURI, J
Ratnesh Kumar – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Akhilesh Dutta Verma
For the Respondents: Mr. Ajay Kumar, AC to GP-4

CAV JUDGMENT

Date : 08-07-2024

1. The Petitioner was a Sub-Inspector of Bihar Police Service. He joined the service as Sub-Inspector of Police on 5th of September 1994. On the allegation that on 09.08.2007, when was posted at Pachpakari Outpost within Dhaka Police Station in the district of East Champaran, he was apprehended by the Vigilance Investigation Bureau on the allegation that he was taking bribe. Following such allegation, it was held by the Police Department that the purported act of the Petitioner was misconduct. As a result of which he was directed to face departmental proceeding following service of charge-sheet on 31st of August 2007.

2. Annexure - 2 is the charge-sheet issued by the Superintendent of Police, East Champaran, Motihari, which inter alia, states: -

“Shri Anil Kumar Singh, Superintendent of Police Incharge cum Sub-divisional Police Officer informed the Superintendent of Police, East Champaran that Ratnesh Kumar, Petitioner herein, was arrested by Vigilance Investigation Bureau in a trap on 9th of August 2007 while he was taking bribe. Police attached to Vigilance Investigation Bureau conducted the said trap on the basis of General Diary Entry No. 1607, dated

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