MADHURI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Sanjeev Ranjan, learned counsel appearing on behalf of the petitioner and Mr. Rajeev Shekhar, learned counsel for the respondents-State authorities.

(2.) The original petitioner who died during the pendency of the writ petition on 9/5/2019 had invoked the prerogative writ jurisdiction of this Court under Article 226 of the Constitution of India seeking quashing of office order No. 75 dtd. 10/4/2018 passed by the respondent no. 3 contained in Memo No. 2695(E) dtd. 10/4/2018 whereby the reply to the second show cause notice dtd. 3/3/2014 has been rejected and upheld the earlier order of punishment. The writ petitioner also sought quashing of the Office Order No. 49 dtd. 12/3/2014 passed by the respondent No. 3 as contained in Memo No. 1269(E) dtd. 12/3/2014, whereby the pension of the petitioner has been fixed at zero on the ground that the petitioner has failed to submit his reply to the second show cause in the departmental proceeding as also the charges stand proved against the writ petitioner that he was caught red-handed by the Vigilance while taking bribe.

(3.) The short facts that led to the filing of the present writ petition is that the original petitioner was initially appointed as the Overseer in the year 1972 and on being found his satisfactory service and eligibility for promotion, he was posted as Junior Engineer. While he was posted as Junior Engineer, Road Division, Munger, a repairing work of the road of Sinkandara-Jamui-Kharagpur-Bariyarpur was executed by a contractor namely, Aftab Alam pursuant to Agreement No. 3F2/2006-07. On submission of the bill by the afore-noted contractor, the final bill had been sanctioned by the Executive Engineer on 8/3/2007 and after proper verification made at the level of other higher officials, the entire payment of Rs.1,65,368.00 was made to the contractor on 9/3/2007.