VINOD KUMAR VIMAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Ranjit Kumar, the learned Advocate for the petitioner assisted by Sri Pankaj Kr. Singh, the learned A.O.R. for the petitioner and Sri Rajesh Kr. Sinha, the learned counsel for the respondent-State.

(2.) The present writ petition has been filed for quashing the order dated 30.07.2016 issued by the Director (Administration)-cum-Additional Secretary, Department of Education, Government of Bihar, Patna, whereby and whereunder the petitioner has been dismissed from his services. The petitioner has further prayed for quashing of the inquiry report dated 10.04.2012 and for directing the respondents to reinstate him in the services with all consequential benefits.

(3.) The brief facts of the case are that the petitioner herein was appointed in the Bihar Education Service by the Bihar Public Service Commission, Patna vide order dated 29.06.2005 and was posted as Principal, Teachers Training College, Purbsarai, Munger. Subsequently, the petitioner was transferred and posted as Sub-Divisional Education Officer, Dalsingsarai, Samastipur. The District Education Officer Samastipur is said to have then authorized the petitioner to inspect various schools for implementation of various programmes including construction work, whereupon the petitioner had inspected Nationalized Upgraded Middle School Sarari, Mohanpur, Samastipur, wherein the Complainant was posted as In-charge Headmaster. The said inspection is said to have been conducted on 05.02.2010. It appears that the In- charge Headmaster posted at the aforesaid school, had filed a complaint before the Vigilance department regarding demand of Rs. 50,000/- as bribe by the petitioner, whereupon, the Vigilance had laid a trap and arrested the petitioner on 10.02.2010 while receiving Rs. 25,000/- from the said In- charge Headmaster (hereinafter referred to as the complainant). After the arrest of the petitioner, a Vigilance PS case 13 of 2010 was registered against the petitioner herein for the offences punishable under Sections 7/12(2) r/w 13(1)(D) of the Prevention of Corruption Act.