MD. KAMAL ASHRAF Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Chitranjan Sinha, the learned senior counsel for the petitioner, the learned AC to AG for the State and the learned counsel for the Bihar Public Service Commission.

(2.) The petitioner has filed this writ petition for quashing the notification No. 4391 dated 10.10.2014 (Annexure-1) issued under the signature of Special Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna, respondent No.4, by which the petitioner has been dismissed from service from the post of District Sub- Registrar, Bhagalpur. The petitioner further seeks quashing the order dated 30.09.2015 (Annexure-9) issued under the signature of respondent No.4 whereby the appeal of the petitioner against the order of his dismissal has also been dismissed.

(3.) The brief facts is that while the petitioner was posted as District Sub-Registrar, Bhagalpur a case, being Economic Offence Unit P.S. case No. 23 of 2013, was registered under Section 13(i) and 13(ii) of Prevention of Corruption Act and under different sections of Bihar Government Servant Conduct Rules, 1976. On 28.06.2013 the petitioner was served with memo of charges stating therein that while the petitioner was working as District Sub-Registrar, Bhagalpur he amassed huge property beyond his legitimate source of income and for which E.O.U. P.S. case No. 23 of 2013 was registered and the conduct of the petitioner is against the Bihar Government Servant Conduct Rules, 1976. The petitioner submitted his reply (Annexure-5). The enquiry officer and presenting officer were appointed. The enquiry commenced on 25.03.2014. The enquiry officer concluded the enquiry on 06.05.2014 and submitted his report on 20.05.2014. On the basis of enquiry report, the disciplinary authority asked second show cause. The petitioner submitted his reply (Annexure-8) and on such the enquiry officer dismissed the petitioner from service (Annexure-1).