AJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the order dated 21.06.2019 passed by the Director, Secondary Education, Govt. of Bihar, Patna (in short the Director, Secondary Education), directing the suspension of the petitioner during the pendency of the departmental proceeding. By the same order, the Regional Deputy Director of Education, Saran Division, Chapra has been directed to summon the Divisional Establishment Committee of the Department and pass necessary orders with respect to the transfer of the petitioner and others.

(2.) From the records, it appears that a public complaint was lodged before the Chief Minister, alleging various irregularities in the transfer of Clerks in the Department and, in particular, the corrupt practices of the petitioner. The aforesaid complaint was acted upon and the Director, Secondary Education vide his communication dated 08.02.2019 to the Regional Deputy Director, Saran Division, Chapra asked for an information about the petitioner and nature of action taken against him on the basis of the aforesaid complaint. The aforesaid communication takes note of the fact that against the petitioner, a criminal case has been lodged at Gopalganj. An explanation also was sought as to how the transfer of such Clerks which had been effected only one and half years ago, was again reviewed and transfer of such Clerks was made to their respective earlier places.

(3.) Pursuant to the aforesaid communication, a departmental proceeding was initiated against the petitioner in terms of the Bihar Government Servants (Classification Control and Appeal) Rules, 2005 and the Presenting and Conducting Officers were designated. Charges also were framed against the petitioner on 29.01.2019 under four heads, with a summary of the evidence in support of the aforesaid charges.