RAM PRASAD PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard parties and perused the records of the case.

(2.) Through this writ application, the petitioner, inter alia seeks following reliefs:-

(3.) The petitioner was appointed as Junior Engineer in the Road Construction Department in the year 1984 and was subsequently promoted to the post of Assistant Engineer in the year 1996 w.e.f. 1991. After his promotion as Assistant Engineer in the year 1996, his services were sent on deputation to the Building Construction Department and was posted there as Assistant Engineer in Building Design Circle No. 1, Patna and remained as such till June, 2003. In July, 2003, the Building Construction Department posted the petitioner as Assistant Engineer, Building Division, Supaul where he had received advance of Rs. 5,75,000/- from the Executive Engineer, Building Division, Supaul. Petitioner claims that the aforesaid amounts were given to the Junior Engineers for the purpose of renovation of Primary Health Centres, Bhim Nagar, Balua Bazar, Ganpatganj and Kishanpur. However, a complaint was filed before the Lokayukt, Bihar regarding the embezzlement of the aforesaid amount. After inquiry, a letter was issued by the Under Secretary of Lokayukt for taking action against the petitioner for recovery of Rs. 2,75,000/- with interest at the market rate and for his demotion and posting in non-works places. The petitioner was served with letter dated 14.05.2007 and was directed that until he deposits the amount, he would not withdraw the salary. The petitioner further claims that the aforesaid order was passed without initiating any departmental proceeding and even without obtaining a formal show cause from him. His salary was withheld though he was working on the post. Thereafter, on 17.04.2009, 50% of salary was directed to be paid to the petitioner but it was not made effective so far previous salary of the petitioner was concerned. It is further stated that the Office of the Lokayukt had also communicated its recommendation to the Road Construction Department vide letter no. 1259 dated 29.05.2006 and on recommendation of the Office of the Lokayukt, a proceeding under rule 17 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 was initiated for the charges of serious irregularities while he was posted as Assistant Engineer, Building Sub-division, Supaul. A charge-sheet was served upon the petitioner vide Annexure-6 setting out three charges against him. The petitioner claims to have appeared in the departmental proceeding and filed written statement denying the charges explaining the expenditure. A retired Joint Secretary, Road Construction Department was appointed as Conducting Officer and submitted his report on 19.12.2006, a copy of which has been appended as Annexure-8 and 8/1. The Inquiry Officer came to the conclusion that charges against the petitioner stands proved and, therefore, recommended for appropriate punishment. Thereafter, on receipt of the inquiry report, Deputy Secretary of the State Government, Road Construction Department, Government of Bihar issued a letter no. 2225 dated 22.02.2007 describing it as the second show cause set out following proposed punishment vide Annexure-9:- <IMG>JUDGEMENT_67_LAWS(PAT)8_2017.jpg</IMG>