JIVENDRA PRASAD SINGH Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, PATNA

JUDGEMENT

(1.) The present writ petition has been filed for setting aside the order dated 08.08.2016 passed by the Joint Secretary, Road Construction Department, Patna whereby and whereunder, the petitioner has been suspended with immediate effect and departmental proceeding has been initiated against him on the basis of Vigilance case dated 16.07.2015. The petitioner has further prayed for directing the respondents not to proceed with the departmental proceeding during the pendency of the criminal proceeding.

(2.) The only issue canvassed in the present case is that since a criminal proceeding bearing Vigilance PS case no. 56 of 2015 is pending and on same and similar charge, departmental proceeding in question has been initiated by the respondents vide order dated 08.08.2016, the departmental proceeding is required to be stayed till the conclusion of the criminal proceeding.

(3.) At this juncture, it would be relevant to state that the ongoing criminal case bearing Vigilance PS case no. 56 of 2015 dated 16.07.2015 has been lodged on the basis of the written report of the informant namely Sunil Kumar dated 07.07.2015 wherein, he had made a complaint before the Superintendent of Police, Vigilance Investigation Bureau of Patna to the effect that for the purposes of checking and passing the bill of the informant namely Sunil Kumar, the petitioner herein, who was posted as Executive Engineer was demanding bribe. Thereafter, the Deputy Superintendent of Policecum-Incharge of the raiding party, Vigilance Investigation Bureau, Patna had caught the petitioner herein red-handed while taking bribe and had also arrested the petitioner herein.