STATE OF BIHAR Vs. BASANT PRASAD SINGH

JUDGEMENT

(1.) The appeal is by the State against the impugned judgment which set aside an order of punishment passed by the Director-in- Chief (Administration), Health Services, Bihar. The impugned order in the writ petition directed forfeiture of 100% pension of the petitioner for life.

(2.) The petitioner, who is the first respondent herein, was posted as a Head Clerk in the office of Civil Surgeon-cum-Chief Medical Officer, Aurangabad. He was alleged to have been caught by the flying squad of the District Anti-Corruption Team, Aurangabad on 10/6/2007 with a sum of Rs.5,000.00alleged to be bribe received from one Auxiliary Nurse and Midwife (for brevity, ANM), in order to facilitate her transfer. A criminal case was also registered as Aurangabad P.S. Case No. 131 of 2007. The petitioner was taken into custody and a charge-sheet dtd. 3/7/2007 was served on the petitioner. Simultaneously, an Inquiry Officer was appointed and after the reply of the petitioner, the Inquiry Officer submitted his inquiry report, based on which the impugned order was passed. While the inquiry report was submitted on 13/2/2014 and the impugned order was passed on 16/2/2017; in the midst of it the petitioner retired on 28/2/2014.

(3.) The learned Single Judge found that there was absolutely no evidence led before the Inquiry Officer and there was no material available to find the appellant guilty of the defalcation alleged.