SIPAHI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is seeking quashing of an order dated 04.02.2020 passed by the District Magistrate, Buxar issued by Memo No. 0212 dated 05.02.2020, whereby following punishments have been imposed on the charge of misconduct said to have been proved in a departmental proceeding:-

(2.) It is evident from the order impugned that disciplinary action has been taken against the petitioner under the provisions of Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as 'the Rules'). The petitioner, at the relevant point of time, was working as Gram Shewak at Nawanagar in the District of Buxar, in the year 2006-07. It appears that the State Government of Bihar had directed Mukhiyas and the Panchayat Secretaries of the Gram Panchayat for installation of solar lights system by purchasing equipments from Bihar State Electronic Development Corporation Limited (BELTRON) or Bihar Renewable Energy Development Authority (BREDA).

(3.) A disciplinary proceeding was initiated against the petitioner with the framing of charge-sheet, which was communicated through letter dated 25.06.2015, issued by the District Panchayat Raj Officer, Buxar, who was appointed as Inquiry authority. The said letter dated 25.06.2015 has been brought on record by way of Annexure-3 to the writ application from which it transpires that charge memo was framed under the joint signatures of the District Magistrate, Buxar, Deputy Development Commissioner, Buxar, Sub-Divisional Officer, Dumraon and the Block Development Officer, Nawanagar and the District Panchayat Raj Officer, who subsequently became the Inquiring authority. There is nothing to demonstrate that before issuance of the said letter dated 25.06.2015, the disciplinary authority had put the petitioner on notice, seeking his reply in respect of the charges.