DHANANJAY JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic, requiring social distancing.

(2.) The present petition has been filed for quashing the memo of charge contained in Memo no. 2644 dtd. 21/8/2015, issued by the Superintendent of Police, Vaishali, whereby and whereunder a departmental proceeding has been initiated against the petitioner. The petitioner has further prayed for quashing of the inquiry report dtd. 8/11/2018, the order of punishment dtd. 9/1/2019, passed by the Deputy Inspector General of Police, Tirhut Range, Muzaffarpur, whereby and whereunder, the petitioner has been dismissed from service, the Memo no. 3391 dtd. 19/7/2019, passed by the Inspector General of Police, dismissing the appeal of the petitioner and the order dtd. 3/10/2019, issued by the Director General of Police, Bihar, Patna dismissing the Memorial filed by the petitioner.

(3.) The brief facts of the case are that a trap team is alleged to have caught the petitioner while taking bribe, at his house on 31/7/2015, while he was posted as Sub-Inspector of Police at Bidupur Police Station in the district of Vaishali, which led to filing of a Vigilance PS case no. 62 of 2015 and the petitioner was taken into custody. While the petitioner was in custody, the Superintendent of Police, Vaishali vide Memo dtd. 21/8/2015, had framed charges against the petitioner alleging therein that he was caught red-handed by the Vigilance trap team while receiving a bribe of a sum of Rs.10,000.00. By the same Memo dtd. 21/8/2015, though the Conducting officer was appointed, however no Presenting Officer was appointed.