NIRANJAN KUMAR Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

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

(2.) In this case, the petitioner is challenging the inquiry proceeding as well as the order dated 30.01.2013 passed by the Deputy Secretary, Department of Agriculture, Government of Bihar, Patna, whereby and where-under in exercise of power under Rule-14(xi) of the Bihar Government Servants (Classification, Control & Appeal), Rules, 2005, dismissed the service of the petitioner as it has been recorded that he was found involved in corruption.

(3.) The petitioner was posted as District Horticulture Officer, Darbhanga. He was proceeded departmentally as he failed to distribute the cheque of Rs.2000/- to the beneficiary and allegation has also been made that he was involved in corruption of taking money. The petitioner was served the charge-sheet in ' prapatra Ka' , inquiry was conducted and Inquiry Officer submitted the inquiry report in detail, wherein he has found that the charges were proved against the petitioner. Whereupon, the petitioner was asked to give second show-cause, which he has filed. The proposed punishment was sent to the Bihar Public Service Commission for its approval, which was refused by the Bihar Public Service Commission, disagreeing with the view of the Bihar Public Service Commission and also disagreeing with the second show-cause filed by the petitioner, the disciplinary authority passed the order of dismissal vide order dated 30.01.2013.