SUNIL KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was serving as the Deputy Secretary (In-charge, Joint Secretary), Bihar School Examination Board, Patna in the year 2015. On 20.5.2015 he was arrested by the Vigilance Squad accepting bribe of Rs. 15,000.00 from one Madan Bihari Singh who was seeking affiliation of his institution with the Board. The arrest gave rise to institution of Vigilance case no. 40 of 2015 dated 20.5.2015 under sections 7 and 13 of the PC Act. The petitioner was remanded to judicial custody on the date of his arrest itself.

(2.) A departmental proceeding was also started against vide resolution dated 12.10.2015 (Annexure 3). Two charges were framed against him, making accusation that (a) he sought illegal gratification from Madan Bihari Singh for assuring affiliation to his institution and (b) that he was caught red handed while accepting bribe on 20.5.2015.

(3.) The petitioner seeks stay of departmental proceeding pending criminal prosecution. He submits that the departmental proceeding has been started for the same accusation for which criminal case is continued against him. In support of his submission that criminal case be stayed pending departmental proceeding, the petitioner has placed reliance upon order dated 26.5.2014, passed in C.W.J.C. No. 5408 of 2014 which in turn has relied upon decision in case of case of Capt. M.Paul Anthony Vs. Bharat Gold Mines Ltd., reported in (1999) 3 SCC 679 ; Kusheshwar Dubey Vs. M/S Bharat Cocking Coal Ltd., reported in AIR 1988 Supreme Court 2118 ; and Kapil Muni Rai Vs. State of Bihar and others, reported in 2011 (1) PLJR 123 .