KHURSHID MOHAMMAD Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) On the basis of his arrest on the charge of soliciting bribe from the allegationist for managing a favourable order in a pending proceeding under Section 144 Cr PC, the petitioner was arrested. Petitioner's arrest gave rise to a criminal proceedings arising out of Vigilance PS Case No. 20 of 2013. On the same allegation a charge memo has been issued to the petitioner on Praptra 'K' dated 25.01.2014. The petitioner thereafter was subjected to an enquiry. The enquiry report dated 03.06.2014 has been submitted. Before the Enquiry Officer. Other than requesting that the matter be kept pending till the date of disposal of the criminal case, the petitioner has also denied the charges levelled against him. The petitioner has specifically asserted that on the date on which he was arrested i.e., 22.04.2013 he had made withdrawals from his bank account to the tune of Rs. 13000/-. His case is that whatever money was found in his possession was the balance from the withdrawal made on 18.04.2013.

(3.) The petitioner's assertion regarding withdrawal being made from his State Bank Account was duly verified and the same has been found to be correct by the Enquiry Officer. This has been recorded in the enquiry report dated 30.05.2014. Other than the report from the office of the Superintendent of Police (Vigilance) regarding the petitioner's arrest includ ing pre-trap and post-trap memorandum, no evidence whatsoever has been placed on record in the proceedings before the Enquiry Officer. Even the allegationist has not been produced/examined by the Presenting Officer.