MITHILESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

(2.) At the relevant point of the time, the petitioner was working as a Block Development Officer, Parwalpur, in the District of Nalanda. On the basis of a complaint filed by one Mohan Lal, Mukhiya (the complainant) regarding demand of bribe being made by the petitioner, the Vigilance Investigation Bureau had conducted a raid. The petitioner was apprehended on the allegation of having been caught red-handed while accepting a bribe of Rs.10,000.00. He was put under suspension, as he was taken into custody. He was subsequently enlarged on bail and was allowed to join his post. However, he was again put under suspension in contemplation of a departmental proceeding. A memo of charge was served upon him. The charge against the petitioner read as under:-

(3.) Evidently, the petitioner's arrest by the team of Vigilance Investigation Bureau while accepting bribe was the only allegation against the petitioner, which had led to registration of Vigilance P.S. Case No. 10/2011 against him. From the charge memo, it is evident that vague reference to letters issued by the Rural Development Department, Vigilance Department and certain orders passed by this Court was made in the list of documents on which the department intended to rely to establish the charge against the petitioner in the departmental proceeding. The petitioner submitted his written statement of defence denying the charge framed against him, a copy of which has been brought on record by way of Annexure-5 to the writ application. During the enquiry, one Ramdev Yadav (an independent witness) was examined by the department. A copy of his statement has been brought on record by way of Annexure-6 to the writ application. Though he accepted that he learnt about the occurrence on the subsequent date, he said that he did not know anything on the date when the occurrence had taken place on 3/2/2011. The occurrence is said to have taken place in the rented house of one Parshuram Singh at Parwalpur, in which, the petitioner was residing as a tenant. Ramdev Yadav is next-door neighbour of the said Mohan Lal, Mukhiya, the complainant.