AMBIKA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Sri B.K. Kanth Sr. advocate for the petitioner and J.C. to G.P-II for the State of Bihar.

(2.) THE petitioner is aggrieved by the notification dated 21.12.2005, Annexure-1, whereunder he has been placed under suspension for the misconduct committed in the widening/strengthening of the Ara Sasaram Road as has been found by the Cabinet (Vigilance) Department in its report dated 20.4.2005, Annexure-2 which was submitted to the Road Construction Department (R.C.D.) under letter No. 3863 dated 25.10.2005, Annexure- 14. THE challenge is made on the ground that the suspension order is not only arbitrary and violative of Articles 14 and 16 of the Constitution of India but also contrary to the provisions contained in the Bihar Government Civil Service Classification (Control and Appeal) Rules, 2005. It is submitted that earlier proceeding for the same misconduct was initiated against the petitioner under Rule 56 of the Civil Services Classification (Control and Appeal) Rules, 1930 vide resolution of the State Government bearing memo No. 3499 dated 8.5.2003, Annexure 4, whereundar the chargesheet alleging the same misconduct Annexure-5 was served on the petitioner along with memo of evidence in support of those charges calling upon him to file show cause reply before the enquiry officer. In response to the said direction, the petitioner filed his show cause reply dated 6.4.2004, Annexure 6 denying the charges on the basis of the evidence referred to in the chargesheet itself. THE enquiry officer having examined the show cause reply with the evidence referred to in the memo of charge and having found the charges not proved submitted his enquiry report under letter No. 95 dated 4.5.2005. Annexure 7 exonerating the petitioner of the charges levelled against him. While consideration on the enquiry report dated 4.5.2005 was pending the authorities of the Road Construction Department received Cabinet (Vigilance) Department report dated 20.4.2005, Annexure 2 letter No. 3869 dated 25.10.2005, Annexure-14 holding the petitioner guilty of the allegations levelled in connection with widening/strengthening of Ara Sasaram Road. It appears in consideration of the findings recorded in the report dated 20.4.2005 received under Cabinet (Vigilance) Department letter No. 3869 dated 25.10.2005, Annexure 14 the petitioner has been placed under suspension vide notification of the Government dated 21.12.2005, Annexure 1 and thereafter under resolution of the Government bearing memo No. 3077 dated 22.3.2006, Annexure 16, the earlier enquiry report dated 4.5.2005, Annexure 7 has been rejected in consideration of the report of the Cabinet (Vigilance) Department and supplementary chargesheet containing additional six charges in regard to the widening/strengthening of the same road was issued initiating fresh enquiry proceeding under Rules 14 and 17 of the Bihar Government Civil Services Classification Control and Appeal) Rules, 2005 to enquire into the eight charges (two framed elarlier and six contained in the suppl. chargesheet).