SHIV KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed for following reliefs:-

(2.) In the nature of the order which this Court propoes to pass it would not require to enter into the relative merit of the case. Suffice it to say that the petitioner was posted as SI, Nalanda, a criminal case was registered against this petitioner under Sec. 376 of the Indian Penal Code bearing Vaishali PS Case No. 40 of 2007. In the meanwhile, a departmental proceeding was also initiated against the petitioner which culminated into an order of dismissal stands affirmed and put to question before this Court.

(3.) Several grounds have been taken by the petitioner to assail the impugned order. One of the grounds is that during the enquiry no presenting officer was appointed and without appointment of the presenting officer under Rule 17(5)(c) of the CCA Rules, 2005 the entire departmental proceeding vitiates. Learned counsel in support of his contention as referred to a decision reported in 2017(4) pljr 276 (Lalan Pandey vs. State of Bihar) to submit that the failure on the part of the department to appoint a Presenting Officer has been held fatal as to the validity of the disciplinary proceeding.