RAM KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application was initially preferred for the following reliefs:-

(2.) The petitioner who was holding the post of Statistical Supervisor in Bakhtiyarpur Block, Patna was arrested after he was trapped by the Department of Vigilance while accepting a sum of Rs. 8000/- in cash from the complainant. One F.I.R. being Vigilance Case Number 3 of 2014 dated 11-04- 2014 under Section 7/13 (2) read with Section 13 (1) (a) of the Prevention of Corruption Act was registered, petitioner was suspended under rule 9 (2) (d) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as the Rules of 2005 ) with effect from 11-04-2014. He was granted bail in the Vigilance Case and while the said case is still pending, a departmental proceeding was initiated against the petitioner and he was served with Prapatra d vide memo no. 771 dated 03-06-2014 (Annexure - 2 series).

(3.) It is stated that after his release on bail, the petitioner joined at the headquarter Bettiah (West Champaran) from where he superannuated on 31-08-2015. The departmental proceeding initiated against the petitioner prior to his retirement was converted in a proceeding under Rule 43 (ka) of the Bihar Pension Rules (hereinafter referred to as the Pension Rules ). By a memo no. 1390 dated 19-07-2016 (Annexure 7 to the writ application) petitioner was communicated that the departmental proceeding against him has been converted under the Pension Rules.