INDRASAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned senior counsel for the petitioner and learned counsel for the State.

(2.) The present writ petition has been filed for setting aside the order dtd. 26/9/2017 passed in Service Appeal Case No. 01/2017 (annexed as Annexure-9) by which the Appellate Authority has dismissed the petitioner from the service of Upper Division Clerk and further for setting aside the enquiry report dtd. 4/11/2016 contained in Letter No.52 (annexed as Annexure-7) conducted by the Enquiry Officer. The further prayer has also been made for directing the respondent to re- instate the service of the petitioner and for providing consequential benefits of service attached to the relevant post.

(3.) Learned senior counsel for the petitioner submits that the petitioner was a Government employee working on the post of Upper Division Clerk in Health Department, Government of Bihar, Patna and was P.A. to Under Secretary posted in Secretariat, Patna. Counsel also submits that one written complaint was made against the petitioner addressed to the Officer Incharge of Vigilance Bureau, Patna and on his allegation, Vigilance Bureau constituted a raid team and on 8/9/2011, when the petitioner was on duty in the office and in a complete planned way, Vigilance Bureau caught the petitioner which resulted into filing of Vigilance P.S. Case No.64/2011 and instant arrest of the petitioner took place in which he was released on bail vide order dtd. 1/12/2011 passed by this Hon'ble Court in Cr. Misc. No. 40372/2011. Counsel further submits that after release, the petitioner was suspended by an order contained in Memo No.106(5) dtd. 25/1/2012 (annexed as Annexure-1) and the charge memo has bee served vide Memo No.107(5) dtd. 25/1/2012 (annexed as Annexure-2) by which a departmental proceeding was initiated against him and he was put under suspension.