SUDESHWAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed by the petitioner for setting aside the order of punishment, as contained in Memo No. 8/vk-05-37/2014 931, dtd. 1/12/2020, issued by the Director, Primary Education, Education Department, Government of Bihar, Patna, whereby 100 per cent pension of the petitioner has been withheld and further it has been ordered that he shall be entitled for subsistence allowance from the date of suspension till his superannuation, i.e., from 1/4/2014 to 31/1/2017 and from 1/2/2017 till the date of passing of the impugned order, the petitioner shall be entitled for provisional pension along with leave encashment.

(2.) The brief facts, giving rise to the present writ application, is that at the relevant point of time, the petitioner was posted as Block Education Officer in the District of Samastipur. One Sunil Kumar lodged a complaint with the Vigilance Investigation Bureau, alleging that the petitioner was demanding Rs.50,000.00 for himself as well as for District Programme Officer for submitting favorable report for upgradation of a school, namely, Upgraded Middle School, situated at Village- Silaut, Pokhraira, in the district of Samastipur.

(3.) On the basis of said complaint, the Vigilance Investigation Bureau led a trap on 1/4/2014 and arrested the petitioner, along with a sum of Rs.25,000.00, which was taken by him as bribe, lodged First Information Report, bearing Vigilance Police Station Case No. 25 of 2004, for the offences punishable under Ss. 7/13 (1-d) of the Prevention of Corruption Act. The petitioner was taken into custody on the same day. The Director, Primary Education, Bihar, Patna, vide Memo No. 569, dtd. 29/4/2014, suspended the petitioner with effect from 1/4/2014.