KISHORI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE proceedings before the High Court are contempt proceedings. The proceedings arise out of a public interest litigation upon an order passed by the division bench on 28 October 1998 on the writ petition. The writ petition raised controversies, to the effect, that during the years 1995 -96 and 1996 -97 a sum of Rs.26,80,895/ - was misutitised by the District Magistrate cum -Collector, Sheikhpura, one Baleshwar Das and the Superintendent of Police, Sheikhpura, one Mr. B.B. Prasad.

(2.) THE fact that the funds had been misutilised there is no issue on this aspect. A departmental inquiry had been held. The Superintendent of Police was exonerated. The District Magistrate -cum - Collector, Sheikhpura, Sri Baleshwar Das was found to be guilty in the departmental inquiry. It was stated before the High Court that the State of Bihar had already intimated the Union Public Service Commission and had recommended that the rank of Sri Baleshwar Das, the then District Magistrate -cum -Collector, be reduced to a Deputy Collector under All India Services (Disciplinary and Appeal) Rules, 1996. The record reveals that this officer was a promotee from the State service and had been promoted to the I.A.S. Cadre.

(3.) THE pleading of the UPSC is writ large against the State Government, to the effect, that incomplete record was sent despite the fact that the UPSC was reminding the State of Bihar for a complete record. Not only this, at times the record which was sent to the UPSC was illegible and yet at times the proforma which had been despatched had not even been filled in.