TRIBHUWAN ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has filed this writ application for quashing of the office order of the State Transport Commissioner, contained in memo No. 571 dated 15.02.2010 (Annexure-19), by which a charge-sheet has been issued against him in respect of a departmental proceeding already pending against him on the basis of an earlier charge-sheet issued in the year 2003. He has also prayed for quashing of the entire departmental proceeding, on the ground that he had already been exonerated of the charges of punishment, and for a direction for reinstated in service.

(2.) The case of the Petitioner is that, while he was posted as Enforcement Sub-Inspector under the Department of Transport, a raid was conducted by a team of Income Tax authorities at his residence on 30.03.2001. At the time of raid his wife was present in the house in whose presence the house was searched, seizure was made, bank account and locker in the name of Petitioner and his wife was also seized and a proceeding for escaped assessment was initiated against him by the Income Tax authorities. In the light of the said proceeding by the Income Tax Department, the Commissioner, Department of Transport suspended him vide order dated 27.04.2001, as contained in Annexure-1. For quite some time, after his suspension, charge-sheet was not issued to him. Therefore, he represented the authorities on 5.7.2002 with a request to revoke the order of suspension or to increase the suspension allowance to 75%. Since his representation was not considered, he moved this Court through CWJC No. 4475 of 2003. During the pendency of the writ application, he was served with a charge-sheet dated 12.7.2003 (Annexure-2). Accordingly, his writ application was disposed of, vide order dated 25.7.2003 (Annexure-3), with a direction to the Respondents to conclude the proceeding within a period of four months from the date of submission of written statement by him, with liberty to the disciplinary authority to proceed ex parte if he did not co-operate.

(3.) After disposal of the writ application Petitioner submitted his written statement (Annexure- 4), denying the charges and requested the Inquiry Officer to keep the proceeding in abeyance till the disposal of his appeal in the Income Tax matter filed before the Commissioner (Appeals), and till the disposal of the writ application of his wife, namely, CWJC No. 5253 of 2003. However, Petitioner was noticed by letter dated 11.09.2003 to appear in the proceeding on 17.09.2003 on which date, though he appeared but the Inquiry Officer was not present. Subsequently, Petitioner received another letter dated 18.09.2003 directing him to appear before the Inquiry Officer on 23.9.2003. On 23.9.2003 he appeared, but was asked by the Inquiry Officer to submit a copy of the appeal filed before the Commissioner of Income Tax and copy of the writ application of his wife. Again he received another letter dated 8.10.2003, asking him to appear before the Inquiry Officer on 11.10.2003, on which date he appeared and submitted copies of the said appeal petition and the said writ petition.