INDU PRAKASH SAO Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF TRANSPORT, GOVT. OF BIHAR & ORS.

JUDGEMENT

(1.) The present writ petition has been filed for a direction to the respondents to withdraw the punishment awarded to the petitioner vide Memo No. 1662 Pat., dated 26.4.2012 and for allowing the petitioner to be as on duty during the period of his suspension with full payment of salary. The short facts of the case are that the petitioner being a Peon under the District Transport Officer (respondent No. 2) was arrested on 23.1.2010 alongwith 4 Home Guard Jawans and a First information Report was instituted for the offences of extortion etc. and accordingly taken into police custody for offences alleged under Sections 385, 387 /34 I.P.C. in Muffasil P.S. Case No. 18/2010. The petitioner came to be released on bail by order dated 3.5.2010 passed by this Court.

(2.) The petitioner was suspended with effect from 23.1.2010 by order of the State Transport Commissioner (respondent No. 2) and departmental proceedings were initiated against the petitioner wherein the Joint Transport Commissioner-I (respondent No. 3) was appointed as conducting officer and the District Transport Officer (respondent No. 2) as the Presenting Officer.

(3.) The petitioner filed his first show cause after release from jail before the conducting officer, whereafter the inquiry report was submitted to the State Transport Commissioner. The second show cause was filed by the petitioner on 28.3.2011 before the State Transport Commissioner, who confirmed the inquiry report and imposed two punishments on the petitioner in terms of his order dated 29.4.2011. The punishment order stood confirmed in appeal by the Principal Secretary, Department of Transport in terms of his order dated 26.4.2012 impugned herein.