ANAND KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present writ application for quashing of the order, dtd. 30/12/2017, passed, in the departmental appeal, arising out of Departmental Enquiry No. 35 of 2015, by the Deputy Inspector General of Police, Sahabad Range, Dehri-On-Sone, (Annexure-12) whereby the appeal filed by the petitioner has been rejected and also the order of punishment, dtd. 10/7/2017, passed, in Departmental Enquiry No. 35 of 2015, by the Superintendent of Police, Kaimur (Bhabhua) (Annexure-10), by which the petitioner has been dismissed from service.

(2.) The petitioner was appointed on the post of Constable on 3/12/2015 and was posted in the Mohania Police Station, in the district of Kaimur. On the complaint filed by one Deepak Choubey before the Superintendent of Police, Kaimur (Bhabhua) that Inspector of Mohania has demanded bribe and directed him to meet the petitioner and the petitioner demanded bribe of Rs.10,000.00, whereupon a trap team was constituted and on 6/10/2015, the petitioner was caught with Rs.1,000.00 and was sent to jail. The petitioner remained in custody up till 18/3/2016 and he was suspended with effect from 6/10/2015 and remained suspended until he was dismissed from service on 10/7/2017. On 18/3/2016, the petitioner was released from jail and on 2/5/2017, the petitioner appeared before the Enquiry Officer and found that no Presenting Officer was appointed by the Department and the Enquiry Officer himself was acting as Presenting officer in favour of the Department.

(3.) Learned Counsel for the petitioner, without going into the detail facts of the case, at the outset, submits that the departmental enquiry conducted against the petitioner is vitiated inasmuch as no Presenting Officer was appointed and the Enquiry Officer himself assumed the role of Presenting Officer and examined all the witnesses, as such, the Enquiry Officer has not acted like an independent adjudicator. Accordingly, the submission is that the departmental enquiry was held in violation of the provisions of Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as 'the 2005 Rules') as well as principle of natural justice and principle of bias.