RAM DAS RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The matter has been taken up for hearing on-line because of COVID-19 Pandemic restrictions.

(2.) The petitioner, at the relevant point of time, was working as the District Sub-Registrar, Samastipur. A complaint was made on 15/2/2006 before the Additional Director General, Cabinet (Vigilance), State of Bihar, against him and an Upper Division Clerk posted at the Registration Office, Samastipur, making an allegation of demand of bribe by the aforesaid two persons in the matter of registration of a sale-deed in respect of a piece of land. Allegedly, certain part transaction had already taken place between them and the complainant. Based on the said complaint, a trap was organized by the Vigilance Investigation Bureau leading to the petitioner's arrest, allegedly while accepting bribe of a sum of Rs.1500..00 A criminal case was instituted in which charge-sheet has been submitted.

(3.) The petitioner was placed under suspension as he was taken into custody. Subsequently, he was granted bail by this Court in the criminal case, whereafter his joining in the department was accepted. However, he was again put under suspension and a departmental proceeding was initiated against him in respect of three charges including the charge relating to allegation for which criminal case was instituted as charge No. 1. Charge No. 3 was in four parts. The petitioner participated in the said departmental enquiry by filing his written statement of defence. He denied all the charges levelled against him. The enquiring authority submitted his report on 14/12/2007 recording his finding that 1st 2nd and 3rd part of Charge No. 3 were not proved and 4th part of the said charge stood proved against the petitioner. In respect of charges No. 1 and 2, he refrained from recording any finding with his reasoning that for the said allegation, criminal case was pending before a Court of law. The disciplinary authority considered the report of the enquiring authority and subsequently by a notification dtd. 6/8/2008, of the Department of Registration, Excise and Prohibition, issued in the name of the Governor of Bihar, it was decided to impose upon the petitioner punishment of withholding of two increments with cumulative effect for charge No. 3, which was found to have been proved. The order further recorded that the petitioner shall not be entitled to any emolument over and above the subsistence allowance for the period during which he had remained under suspension. In respect of charge No. 1, it was decided that decision shall be taken in that regard by the Court, apparently because of the nature of accusation leading to institution of criminal case.