KEDAR PASWAN SON OF LATE RAMAN PASWAN Vs. STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA

JUDGEMENT

(1.) The petitioner has challenged the order dated 30.9.2008 by which a departmental proceeding has been initiated and the petitioner has been served with a charge-sheet after his retirement on 29.2.2008 under Section 43(b) of the Bihar Pension Rules, 1950 (hereinafter referred to as 'the Rules').

(2.) The facts are that the petitioner was initially appointed as Assistant Engineer and was promoted to the post of Superintending Engineer. While the petitioner was working as Superintending Engineer, the petitioner was also given the additional charge of the Director, Purchase & Transport from 27.1.1994 to 17.8.1994. As the Director, Purchase & Transport, he was made accused in six cases investigated by the Central Bureau of Investigation, which are popularly known as 'BITUMEN SCAM'. As a result of the criminal case, the petitioner was arrested on 11.1.2000 and remained in custody till 12.4.2000. The petitioner submitted his joining after being released on bail on 15.4.2000. The petitioner was put under suspension under Rule 100 of the Bihar Service Code (hereinafter referred to as 'the Code') and his suspension order was set aside by this Court vide order dated 9.3.2005 passed in CWJC No. 13777 of 2003. The said order indicates that during the period of suspension, no departmental proceeding was drawn by the department. It is also not in dispute that the period when the alleged act was committed relates back to the year 1994.

(3.) It may be brought on record that six criminal cases were filed against the petitioner. The details of the criminal cases relates to BITUMEN SCAM are as follows: