BIMALA DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) The original petitioner while posted as Incharge Medical Officer at Primary Health Center, Hussainganj in Siwan was arrested and vigilance case was lodged against him alleging that he had been caught red handed accepting bribe of Rs. 4000/- to continue deputation of a Block Health Worker, namely Binod Kumar Verma. He was thus implicated in Vigilance PS Case No. 1 of 2007. The allegations pertain to 6.7.2007. On the same set of charges, charge memo dated 10.9.2010 was served upon the petitioner. He was subjected to a proceeding on the basis of charge memo issued by Government of Bihar. In view of superannuation of the original petitioner, during pendency of the proceedings, the proceedings were converted to one under Rule 43B of the Bihar Pension Rules and he was visited with order of punishment dated 27.1.2015 withholding full pension and gratuity.

(3.) Submissions made by Mr. Thakur, appearing for the petitoner, is that the proceedings conducted by the Enquiry Officer and the order of punishment dated 27.1.2015 issued by the State Government are grossly unsustainable as the same are product of a procedure dehors provisions contained in Bihar CCA Rules 2005. The Enquiry Officer, has committed infraction of Rule 17(14) of the Bihar CCA Rules 2005 inasmuch as no Presenting Officer had appeared in the proceedings before the Enquiry Officer and no evidence, documentary or oral, was produced before the Enquiry Officer by any Presenting Officer. The procedure prescribed under Rule 18 is also submitted to have been violated as second show cause notice along with copy of the Enquiry report was not served on the petitioner prior to issuance of order of punishment by the Disciplinary Authority. Another violation of Rule 18, highlighted by Mr. Thakur appearing for the petitioner, is that order issued by the Disciplinary Authority, does not contain any reason in support of the conclusion with reference to any material whatsoever.