ABHIMANYU SINGH Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

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

(2.) Under charge memo dated 02.02.2007, the petitioner was proceeded against by instituting a duly constituted proceedings drawn up under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (for brevity, Bihar CCA Rules) on the allegations of having been arrested while accepting a bribe of Rs 25,000/- while he was posted as Assistant Commissioner Incharge, Bettiah in the Department of Commercial Taxes. The petitioner was subjected to the enquiry, details of which need not be gone into in view of the nature of the dispute in the instant writ petition. Since suspension was unduly prolonged, petitioner had approached this Court earlier on two occasions. The second round of litigation travelled upto the Division Bench. The final order was passed on the petitioner's LPA No 797 of 2011 on 19.08.2011. This Court, taking note of the prolonged suspension, has been pleased to modify the earlier order issued in the earlier writ petition and observed as follows:

(3.) Thereafter, the petitioner has duly communicated the said order to the Authorities and under order dated 04.12.2012, the Disciplinary Authority has issued a second show cause notice to the petitioner. The process was, thereafter, aborted by the respondents themselves and under letter dated 13.12.2013 bearing Memo No 156, the Authorities themselves revoked the petitioner's suspension and took a conscious decision that further proceedings in the departmental enquiry would be subject to the final decision in the criminal proceedings arising out of Vigilance Police Station Case No 065 of 2006 wherein the petitioner was an accused. Till this decision, petitioner could have been aggrieved.