ANAND KUMAR BARDHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner by way of the present writ petition has prayed for quashing the order dated 06.09.2016 issued by the Principal / Deputy Secretary, Industrial Department, Government of Bihar, Patna by which the petitioner has been inflicted the punishment of dismissal from service.

(2.) The brief facts of the case are that the petitioner was discharging his duty as Deputy Director (Technical) Technical Development Directorate Industry Department, Bihar, Patna when he was informed about initiation of the departmental proceeding by a Resolution dated 16.12.2014, on the ground of being found in a nude condition alongwith a lady in a beauty parlour whereupon the police had arrested the petitioner and S.K. Puri P.S. Case No. 306 of 2014 was lodged against the petitioner under Sections 290, 291/34 of the Indian Penal Code and Sections 3, 4, 5, 6 of the Immoral Trafficking (Prevention) Act, 1956.

(3.) The Inquiry Officer submitted his inquiry report dated 15.04.2015, wherein the Inquiry Officer has recorded that despite several letters sent to the witnesses i.e. the Senior Superintendent of Police, Patna, Officer Incharge of the concerned police station and others, none of the witnesses turned up during the course of the departmental inquiry. It has further been recorded by the Inquiry Officer that on account of non appearance of the police officials for producing evidence, it cannot be ascertained as to whether the petitioner is involved in the present case or not, hence, the Inquiry Officer held that the charges levelled against the petitioner, cannot be said to have been fully / completely proved. It has further been recorded by the Inquiry Officer in the conclusion portion of the said inquiry report that since the matter is going on in the Court, the decision of the Court shall be followed. The Disciplinary Authority had then issued a second show cause notice dated 12.06.2015, annexing the aforesaid inquiry report and calling upon the petitioner to submit his reply within 15 days. Thereafter, the Disciplinary Authority by an order dated 06.09.2016 has passed the order of punishment dated 06.09.2016 whereby and whereunder the petitioner has been dismissed from service.