BIBHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is widow of one late Kumaresh Prasad Yadav, against whom a disciplinary proceeding was initiated under Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as 'the Rules') for his alleged misconduct when he was posted as Panchayat Secretary, Kasba Prakhand with additional charge of Gram Panchayat Raj, Mohini in the district of Purnea.

(2.) It was alleged against the petitioner's deceased husband in the departmental proceeding that he was caught red-handed by the Vigilance-sleuths while accepting bribe money of Rs. 6,000/-. The said departmental proceeding culminated into imposition of punishment of dismissal from service passed on 05.02.2014 by the Collector-cum-District Magistrate, Purnea. The petitioner's deceased husband thereafter preferred statutory appeal under Rule 24(1) of the said Rules before the Divisional Commissioner, Purnea Division, Purnea, giving rise to Appeal No.01 of 2015. The appeal remained pending since the date of its filing on 29.12.2014. The petitioner's husband died on 04.11.2017.

(3.) So as to pursue the appeal pending before the Divisional Commissioner, Purnea, the petitioner filed an application, seeking substitution, in place of her deceased husband.