DEVENDRA KUMAR DARD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order of punishment dtd. 18/10/2022, passed by the Under Secretary to the Government, General Administration Department, Govt. of Bihar, Patna, whereby and whereunder punishment of stoppage of two increments with cumulative effect has been inflicted upon the petitioner. The petitioner has also prayed for quashing of the revisional order dtd. 6/1/2023, passed by the Under Secretary to the Government, General Administration Department, Government of Bihar, Patna, whereby and whereunder the revision petition filed by the petitioner has not only been dismissed but it has been additionally specified therein that the petitioner would not be entitled to any amount over and above the subsistence allowance already paid to him for the period of suspension i.e. 26/12/2017 to 21/4/2021.

(2.) The brief facts of the case, according to the petitioner, are that the petitioner was initially appointed in the year 2000 on the post of Deputy Collector after qualifying the 42nd examination held by the Bihar Public Service Commission, whereupon he has been working to the satisfaction of all concerned. Nonetheless, an FIR bearing Vigilance P.S. Case No.82 of 2017 was instituted against the petitioner for the offences under Sec. 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988, on the allegation that he had acquired assets in his and his wife's name worth Rs.77,85,546.00, which are disproportionate to his known sources of income, whereafter the petitioner was suspended on 26/12/2017 and vide letter dtd. 3/4/2018, chargesheet, containing Prapatra 'Ka' was served upon the petitioner inter alia levelling three allegations, which are reproduced herein below:-

(3.) The petitioner is stated to have filed his reply to the aforesaid charges framed against him, whereupon the Inquiry Officer had conducted the departmental enquiry and submitted the inquiry report dtd. 28/3/2022, finding all the charges to have not been proved. The Disciplinary Authority had then sought to differ from the opinion of the Inquiry Officer, particularly with regard to charge no.3 and had issued a 2nd show cause notice dtd. 10/6/2022, to which the petitioner had again filed his reply dtd. 22/6/2022. The Disciplinary Authority had then passed the impugned order of punishment dtd. 18/10/2022, inflicting the punishment of stoppage of two increments with cumulative effect, upon the petitioner. The petitioner had then filed a revision petition, however, the same has also stood rejected by the impugned order dtd. 6/1/2023, however, additionally it has been specified therein that the petitioner would not be entitled to any amount over and above the amount of subsistence allowance already paid to him for the period of suspension. During the interregnum period, the Vigilance Investigation Bureau had submitted a final form in the aforesaid Vigilance P.S. Case No.82 of 2017, on 4/2/2021, leading to the same being accepted by the learned Vigilance Court and dropping of the criminal proceedings vide order dtd. 24/2/2021.