PRAWEEN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner as well as the learned State Counsel.

(2.) Writ petition has been filed challenging issuance of charge memo dated 2.7.2009 and supplementary charge memo dated 3.9.2010 by respondent No. 8, alleging that the same was issued by an incompetent authority and was without jurisdiction. Prayer has also been made for quashing the enquire proceedings leading to issuance of order of punishment by the Disciplinary Authority dated 30.5.2013. The Disciplinary Authority by the said order has awarded punishment of reverting the petitioner to the lowest scale of Assistant Engineer for his remaining service and also that during service tenure the petitioner would be posted on non work posting.

(3.) The punishment has been inflicted upon the petitioner on the basis of charge memo and supplementary charge memo wherein allegations have been made that on 12.3.2009 the petitioner has indulged in illegalities and advertised a tender notice without sanction and approval of the competent authority. It is also alleged that he has committed illegality in selling of the Bill of Quantity (BOQ for short) so as to grant undue benefit to certain favoured persons. Allegation has also been made that the petitioner has compromised confidentiality of the office by allowing strangers access to official documents in order to grant them undue benefits in relation to nine works which were advertised and for which BOQ was sold. Quantification of the work, in respect of which allegation has been made, is to the tune of Rs. Four Crore fourteen lakh and fifteen thousand.