STATE OF BIHAR Vs. ANIL KUMAR

JUDGEMENT

(1.) This is an appeal by the State of Bihar challenging an order dated 05.12.2016 passed by the learned Writ Court in CWJC No. 280 of 2016.

(2.) There being delay of 5 days in filing this appeal, I. A. No. 235 of 2017 has been filed. Keeping in view the reasons for the delay indicated therein, the application is allowed. Delay in filing of the appeal is condoned.

(3.) Respondent Shri Anil Kumar was working in the establishment of the appellant-Dairy Development Directorate, as Dairy Field Officer and it is alleged that that he was caught redhanded accepting a bribe of Rs.10,000/- on 26.02.2015. He was arrested and Vigilance Case No. 17 of 2015 has been instituted against him and the criminal proceedings in connection with the said case are pending. However, with regard to the same incident a charge-sheet was issued to him vide Memo dated 17.03.2015 under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 and the writ petition in question was filed challenging the charge-sheet issued mainly on the grounds including the right of the Department to initiate the enquiry when the criminal case was pending. It seems that during the pendency of the writ petition, by an order passed on 16.03.2016 as the services of the petitionerrespondent Anil Kumar was terminated. An appeal was filed against this termination which was dismissed by the appellate authority on 16.07.2016. The writ petition was amended and the order terminating the service and dismissal of the petitionerrespondent was also challenged.