NARENDRA PRASAD Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) Heard learned Senior Counsel for the petitioner and the learned State Counsel.

(2.) Shorn of unnecessary details, this Court will notice that the case of the petitioner, in short, is that along with the Sub Divisional Officer (for brevity, SDO), Dhaka, he had conducted the enquiry leading to action against Public Distribution System Dealers (for brevity, PDS Dealers), namely, Tej Narayan Singh and Ramashankar Singh of Village - Bakhri Hari of Dhaka Block. It is the petitioner's case that being victimized by the said persons, false allegations were levelled against the petitioner regarding demand of illegal gratification and on that premise, he was arrested by the Vigilance. A first information report was instituted bearing Vigilance Police Station Case No 29 of 2012 under Sections 7/13 (2) read with Section 13 (1) (D) of the Prevention of Corruption Act subsequent upon the petitioner's arrest on 23.03.2013.

(3.) On the same charges, Prapatra Ka came to be issued and proceedings were sought to be conducted against the petitioner by letter dated 01.03.2013 issued under the signature of Joint Secretary, Food and Consumer Protection Department, Government of Bihar. Before the authorities, the petitioner pleaded that he was being victimized due to the action he had taken against the said PDS Dealers. The Enquiry Officer called for a report from the SDO, Sikrahana, Dhaka so as to verify the petitioner's apprehension. The SDO has submitted his report dated 12.04.2013 wherein he has affirmed the petitioner's allegations. The SDO has specifically communicated to the Enquiry Officer that the petitioner was a part of the Enquiry Team making enquiries against the PDS Dealers on 21.12.2011.