SADANAND RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed for quashing an order dated 2-12-1995, contained in Annexure issued by the Under Secretary, Bihar Public Service Commission (in short the Commission) (respondent No. 12) whereby and whereunder the petitioner has been dismissed from service on the charges of corruption and gross misconduct.

(2.) This writ petition is being disposed of after hearing the parties on a solitary question whether Sri M.M.P. Srivastava (Respondent No. 12) holding the post of Under Secretary of the Commission at the relevant time, was empowered under sub-section (3) of Section 31 of the Bihar Public Service Commission (Conditions of Service) Regulations, 1960 (in short 'the Regulations') to impose penalties against the petitioner as prescribed under Rule 2 of the Bihar Subordinate Service (Discipline & Appeal) Rules (in short 'Rules').

(3.) As would appear from the pleadings of the parties the petitioner at the relevant time was working as Assistant Secretary of the Commission. On the allegation of mal-practice, tampering with records with vested interest to recommend names of his own men and other misconducts, the petitioner was placed under suspension vide order dated 24-8-1994. The authorities also initiated a departmental proceeding and served memorandum of charges with the petition on 9-1-1995. A copy of the memorandum of charges is Annexure 7 to the writ petition. Thereafter, the Officer on Special Duty of the Commission, who was the conducting officer in this case, submitted his enquiry report on 14-9-1996, holding the petitioner guilty of the charges. There is no dispute that the petitioner was also given an opportunity to file the second show cause.