KUMAR RAJA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner by this writ petition assails the order dtd. 18/2/2014, whereby he has been dismissed from service and the order dtd. 17/4/2015 read with order dtd. 15/5/2015 whereby the appeal preferred against the dismissal order was rejected by the Divisional Commissioner. He further prays to be reinstated.

(3.) The brief fact which required to be noticed are that the petitioner was holding the post of Revenue Clerk on which he was appointed on 10/6/1997. While he was posted at Circle office, Chapra, he was arrested in a trap case, registered against him on 31/10/2007 by the Vigilance on the ground of demanding Rs.5,000.00 from one Om Prakash Prasad for mutating his name in the revenue record. On 31/10/2007, he was suspended while in jail on 5/12/2007 and was released on 24/8/2008, his headquarters has been changed during suspension to Marhaura Subdivisional Office and he therefore submitted his presence on 2/6/2008. A charge sheet was served upon him vide memo dtd. 19/8/2008 under Rule 17 of the CCA Rules 2005, enquiry officer was appointed and presenting officer was also appointed to conduct the enquiry. The petitioner in reply to the charge sheet stated that the amount which was found from his possession was the rent the petitioner had collected from different land holders. During the pendency of the departmental enquiry, suspension was revoked on 26/8/2009.