BRAHMDEW PRASAD Vs. STATE OF BIHAR & ORS.

JUDGEMENT

(1.) Petitioner in this case, an Amin in the Water Resources Department, Government of Bihar at the relevant time, has filed this writ application for quashing the order dated 27-9-2004 passed by Respondent No. 3, Director, Land Acquisition and Rehabilitation (Annexure-1), whereby and where-under, punishment of stoppage of 100% pension and withholding of any payment except subsistence allowance for the period of his suspension has been inflicted upon him. Petitioner has further prayed for a direction to the respondents to allow the payment of his entire retiral dues and pension with interest at market rate and other admissible amount with-held by them.

(2.) It appears that for charges of having created forged documents and papers for the purposes of land acquisition while petitioner was posted as Amin in the Special Land Acquisition Officer under Medium Irrigation Project at Deoghar, a vigilance case was instituted against him and others, namely, Vigilance Case No. 004/90. The case was investigated into and charge sheet was submitted against the accused persons. As a consequence, by order dated 24-1-1996 (Annexure-2), petitioner was put under suspension till the disposal of the criminal case. Later on, it was decided to initiate a departmental proceeding also against the petitioner and hence charges were served upon the petitioner (Annexure- 3), asking him to show cause as to why he should not be proceeded against and punished for the same.

(3.) Petitioner submitted his show cause denying the charges. In his show cause, he specifically claimed that the concerned documents and papers were not at all prepared by him.