VIJAY KUMAR S/O LATE RAMESHWAR PASWAN Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY HEALTH DEPARTMENT

JUDGEMENT

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

(2.) The brief facts giving rise to the writ petition are that one charge memo dated 12009 (Annexure 3) came to be served on the petitioner who was then working as In-charge Medical officer, Primary Health Center, Sarmera in the District of Nalanda. Petitioner had been placed under suspension. The allegation was arising out of Vigilance Police Station Case No. 42 of 2009 lodged against him on 24.4.2009. The charges were mentioned in 'Praptra Ka' issued by the authorities vide letter dated 111.2009. Substance of the allegation was that the petitioner had been caught red handed while accepting a bribe of Rs. 3000/-. The list of evidence which is enclosed along with 'Praptra ka' contains departmental communications including papers in relation to the vigilance case against the instant petitioner. By relying upon such documents the authorities proposed to establish the charge against the petitioner in the proceedings.

(3.) An enquiry report was submitted which is dated 10.9.2010. In respect of Charge no.1 alleging bribery, the Enquiry officer has submitted a report to the extent that a final decision would be taken only after conclusion of the pending judicial proceeding. Order indicates that till conclusion of the vigilance case against the petitioner, final decision was not possible in respect of the charge of accepting bribe on basis of material available on record. Regarding Charge no.2 arising out of some irregularities in some schemes of the Government, the Enquiry officer has specifically held the same to be not proved.