RAM PARIKSHAN GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has approached this Court under constitutional jurisdiction with a prayer to issue appropriate writ/writs, order/orders, direction/directions for quashing the order passed by the disciplinary authority vide Memo No. 2041 dtd. 25/4/2019 by which the petitioner was dismissed from service.

(2.) The petitioner has also prayed for issuance of the writ in the nature of certiorari quashing the order of the appellate authority vide Memo No. 31 dtd. 9/1/2020 and further order passed in memorial by the Ministry of Home vide Memo No. 4260 of 19/6/2020, affirming the order of dismissal passed by the appellate authority.

(3.) The petitioner was Sub-Inspector of Police appointed by the Inspector General of Police (Administration), Bihar, Patna, vide order dtd. 23/8/1994. It is alleged that on 2/8/2007, while discharging his duty as Sub-Inspector of Police, he was caught red-handed for taking a bribe of Rs.30,000.00 by members of the trap constituted by the Vigilance Investigation Bureau. Subsequently, by an order passed by the DIG of Police on 9/9/2007, sanction for prosecution was issued, and Vigilance P.S. Case 90/2007 was registered on 2/8/2007 under Sec. 07/13 (2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988, against the petitioner. The said case was registered on the basis of a complaint made by one Santosh Kumar, alleging, inter alia, that the petitioner was demanding a bribe from him. The petitioner was taken into custody in connection with the aforesaid criminal case and he was subsequently suspended. Thereafter, a departmental proceeding was initiated against the petitioner, and he was dismissed from service after conducting an inquiry in accordance with Service Rules with effect from 29/2/2012. The petitioner challenged the said order in appeal, which was also dismissed. Subsequently, he filed a memorial challenging the orders passed by the disciplinary authority and affirmed by the appellate authority, but the said memorial was also dismissed by the Department of Home Affairs, Government of Bihar.