SUBODH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) In the present writ application, the petitioner prays for grant of the following reliefs:

(3.) The petitioner was appointed as Veterinary Doctor in the year 1997 and he was transferred to Patna as Junior Assistant Research Officer, Animal Husbandry Department, BBC Campus Patna, in the year 2001. While the petitioner was residing in Government quarter No.7, a raid was conducted by Vigilance Officials and two post-dated cheques and admit card of different examinations were seized from the official residence of the petitioner and for that Vigilance Case No.19 of 2005 was registered. A departmental enquiry was also initiated and one Dr. Sudhakar Jha was appointed as Conducting Officer. Dr. Sudhakar Jha submitted his enquiry report on 5/8/2010 but the disciplinary authority vide order as contained in Memo No.237 dtd. 8/6/2011 ordered for holding fresh departmental enquiry. Rajesh Kumar, Director, Animal Husbandry Department, Patna was appointed as Conducting Officer. Rajesh Kumar submitted his report without holding any departmental inquiry in accordance with law. The petitioner vide CWJC No.7863 of 2014 challenged the second enquiry report dtd. 11/3/2014, but during the pendency of the said writ petition, the petitioner was dismissed from service vide Resolution as contained in Memo No.475 dtd. 1/12/2015 on the basis of the second enquiry report and this dismissal order was also challenged by the petitioner by filing I.A. No. 158 of 2016 in C.W.J.C. No. 7863 of 2014, which was allowed vide order dtd. 28/7/2017.