PRADUMAN KUMAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition has been preferred by the petitioner being aggrieved with the order dtd. 28/6/2023 (Annexure P/18) whereby respondent No 1, i.e., the Disciplinary Authority has passed the order for fresh enquiry against the petitioner.

(2.) Brief facts of the case are that the petitioner was appointed as Clerk and joined the services in the office of Child Development Project Office at Patepur, Vaishali on 15/6/1984. Subsequently, he was given the charge of Nazir in the District Welfare Office, West Champaran, Bettiah, where Bettiah Town PS Case No 794 of 2024 was registered against him for the alleged offence punishable under Ss. 467, 468, 471, 406, 420, 120B/34 of the Indian Penal Code. On the basis of said, disciplinary proceeding was initiated against the petitioner and he was suspended vide order dtd. 8/8/2013 (Annexure P/2). Charge memo was issued to the petitioner (Annexure P/3). The enquiry officer submitted his report on 24/12/2014 (Annexure P/4). Second show cause notice was issued to the petitioner which was duly replied by him. Thereafter, the disciplinary authority, on 17/2/2016 passed the order of punishment of compulsory retirement (Annexure P/5). It was also directed that recovery of Rs.37,41,060.00 shall be made from the petitioner and only subsistence allowance will be paid to the petitioner. Appeal preferred by the petitioner was also rejected (Annexure 6).

(3.) The petitioner filed a petition before this Court being CWJC No 1088 of 2017 which was disposed of vide order dtd. 26/6/2018 by which the order of punishment as well as appellate order were set aside. The matter was remitted back to the respondents with a direction that proceeding should be initiated from the stage of second show cause notice.