HARAKHNANDAN CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) In this case, the petitioner is challenging the order contained in memo no. 2732 dated 25.09.2013, passed by the Collector-cum-District Magistrate, Nalanda, whereby and whereunder the petitioner has been dismissed from service. The same was challenged before the Divisional Commissioner, Patna, in Service Appeal No.142 of 2014, who vide order dated 26.04.2015, dismissed the appeal filed by the petitioner.

(3.) The petitioner was working as Halka Karamchari, while he was posted at Hilsa, a trap was conducted and he was caught red-handed of taking bribe, that led to institution of Vigilance P.S. Case No.53 of 2003 (Special Case No.13 of 2003) and later on, led to initiation of departmental proceeding and altogether five charges have been levelled against the petitioner and he was asked to appear in the departmental proceeding. The Additional Collector was appointed as the Inquiry Officer and accordingly, the departmental proceeding was started. The petitioner, at the initial stage, has taken plea for staying the proceeding on account of fact that identical matter is pending for trial in the Criminal Court, but the Inquiry Officer refused to pay any attention to the objection raised by the petitioner, accordingly, the inquiry proceeding was continued.