NUTAN KUMAR PRABHAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The present writ petition has been filed for quashing the order dtd. 6/12/2018 contained in Memo No.189 passed by the respondent no. 3 whereby he has dismissed the petitioner from the post of Revenue Karamchari, Circle- Bairiyah, West Champaran with effect from his date of suspension i.e. 29/4/2017 and the order passed in appeal dtd. 17/1/2023 in Service Appeal No. 92 of 2022 issued by the respondent no.2 whereby he has affirmed the order of dismissal dtd. 6/12/2018, by modifying the effect of the said order from the date of its issuance i.e. 06/12/2018 instead of 29/4/2017.

(3.) Learned senior counsel for the petitioner submits that on 10/1/1986 the petitioner was appointed as a Revenue Karamchari, Circle-Madhubani and thereafter was transferred to Yogapatti circle in 1991, from there he was transferred to different circles/anchals and finally again he was transferred to Bairiyah circle/anchal in the year, 2016. While the petitioner was discharging his duties as Revenue Karamchari, Nautan Anchal, a complaint was filed by one Binod Kumar Singhania before District Grievances Redressal Officer, West Champaran with an allegation that in order to settle two cases i.e. Jamabandi Cancellation Case No. 33 of 2015-16 and Jamabandi Cancellation Case No. 53 of 2015 pending in the court of DCLR, the petitioner is demanding some gratification from the complainant, on the pretest that he has already been paid Rs.2,00,000.00 from the opposite party. In support of his complaint, Binod Kumar Singhania enclosed certain documents like bank statement of Om Prakash Singhania showing transfer of Rs.2,00,000.00 in the accounts of the petitioner on 29/11/2016, death certificate of Om Prakash Singhania as well as a Sanha instituted by Shanti Devi before the SHO Bettiah Town PS in which she had stated that cheque bearing No. 162295 has been misused.