BRIJA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner initially filed the present writ application for setting aside the order of dismissal dated 26-08-2019 vide Notification No. 7682 (as contained in Annexure 6 to the writ petition) whereby the petitioner was dismissed from service and further for setting aside the enquiry report submitted by the enquiry officer dated 08/08/2018 on the ground that the same is based upon no evidence. However, during the pendency of the writ application the petitioner filed an interlocutory application bearing LA. No. 1 of 2019 challenging the order dated 3-12-2019 vide Memo No. 10509 (as contained in Annexure 8 to the interlocutory application) by which the appeal filed by the petitioner against the order of dismissal has been rejected.

(2.) Taking into consideration the nature of relief sought for in the LA., the same is allowed and the statements and prayer made in the interlocutory application would form part of this writ application.

(3.) The facts of the case in brief is that while the petitioner was posted as Assistant Engineer in the Building Construction Department, Rajendra Nagar Sub Division Office, Patna, one Rajesh Kumar (Contractor) submitted a written complaint on 28.02.2017 before the Vigilance Investigation Bureau alleging demand of Rs. 25,000/- by the petitioner for clearing a bill of Rs. 4,76,310/-. On the basis of the said complaint a vigilance trap was laid and the petitioner was arrested on 02.03.2017 allegedly while accepting Rs. 25,000/- as bribe from the complainant and accordingly a First Information Report in this regard was lodged vide Vigilance RS. Case No. 18 of 2017 against the petitioner for offences under Section 7/13 (2) read with Section 13 (1)(D) of the Prevention of Corruption Act, 1988. On the basis of institution of the vigilance case a disciplinary proceeding was initiated against the petitioner and memo of charge dated 31/07/2017 was served upon him containing two charges:- (i) that the petitioner demanded from the contractor - Rajesh Kumar 5% of the bill amount of Rs. 4,76,310/-; and(ii) that the petitioner was caught red handed by the vigilance sleuths while accepting bribe of Rs. 25,000/- from the contractor - Rajesh Kumar.