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. While the petitioner was discharging the duty on the
post afore noted, in the meanwhile, allegedly while accepting a
bribe of Rs.50,000/- from one Bir Bahadur Singh, he was caught
red handed, which led to institution of Vigilance P.S. Case No.
54 of 2016 registered for the offences punishable under Sections
7/8/13(2) read with section 13(1)(d) of the Prevention of
Corruption Act, 1988.
4. In the aforesaid premise, the Superintendent of
Police, Vigilance Investigation Bureau recommended for action
against the petitioner under Rule 99 of the Bihar Service Code;
acting on the recommendation, the Joint Secretary, Government
Patna High Court CWJC No.15706 of 2021 dt.01-08-2025
of Bihar vide Memo No. 3105 dated 13.07.2016 placed the
petitioner under suspension. Subsequent thereto, a memo of
charge was framed under Memo No. 301 dated 27.05.2017
alleging therein that the act of the petitioner of accepting bribe
constitutes a grave misconduct under Rule 3(i) of the Bihar
Government Servant’s Conduct Rules, 1976 (hereinafter
referred to as ‘Rules, 1976’). Explanation was sought for vide
Memo No. 3180 dated 18.07.2017 under the signature of the
respondent no. 2; the petitioner denied the charges levelled
against him and submitted a detailed explanation. In the
meanwhile, another supplementary charge sheet vide Memo No.
4162 dated 06.09.2017 was served upon the petitioner and
explanation was again sought for, the same was responded by
the petitioner, denying all the allegations. Explanation of the
petitioner did not find favour and finally the departmental
proceeding was initiated against the petitioner vide Memo No.
4927 dated 18.10.2017. The Additional Secretary, Social
Welfare Department was made the Enquiry Officer where the
Assistant Direcor, Social Welfare Department as the Presenting
Officer. The petitioner was served with the show cause along
with memo of charge and the supporting documents and
directed to appear before the Enquiry Officer.
Patna High Court CWJC No.15706 of 2021 dt.01-08-2025
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