VIJAY KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Counsel for the State.

(2.) The present writ petition has been filed by the petitioner with the following reliefs:-

(3.) Learned Counsel for the petitioner submits that while the petitioner was posted as Assistant Sub-Inspector at Deepnagar P.S., an audio clip became viral on social media wherein the police officer was demanding money in lieu of releasing four vehicles. He submits that S.D.P.O., Sadar, Nalanda, after inquiring into the matter issued letter No.357 dtd. 23/1/2021 to the Superintendent of Police, Nalanda, claiming that the voice of the police officer in the aforementioned audio clip is of the petitioner and further requested to initiate appropriate proceedings against him. Counsel submits that petitioner was suspended on subsistence allowance vide Nalanda District order No.129 dated 2401.2021. Counsel submits that the petitioner was then asked to submit his response to the charges levelled against him. Thereafter, vide Memo No.737 dtd. 8/2/2021, the petitioner submitted a detailed response through letter dtd. 15/2/2021. He submits that departmental proceeding was initiated against the petitioner vide Nalanda District Order No.340 of 2021. Counsel submits that the petitioner submitted a letter to the authority concerned to take back his suspension. However, the same was rejected and accordingly directions were issued to initiate departmental proceeding vide Nalanda District order No.391 of 2021 dtd. 5/3/2021. Thereafter, the petitioner served three letters, two of them were served to S.P. Naldana while one was served to Operating Officer-cum-Vice President, Traffic, stating his defence for setting aside and discharging the departmental proceeding initiated against him. Counsel submits that respondent No.4 submitted his inquiry report dtd. 18/6/2021 by which he came to the conclusion that the charges levelled against the petitioner are genuine and stands proved.