Decided on April 05,2021

Lal Kund Kumar Appellant
STATE OF BIHAR Respondents


MOHIT KUMAR SHAH, J. - (1.) Heard the learned counsel for the parties.
(2.) The present writ petition has been filed for quashing the order dated 18.05.2018, passed by the respondent no. 3 i.e. the Director (Primary Education), Government of Bihar, Patna, whereby and whereunder the petitioner has been dismissed from service. The petitioner has further prayed for quashing the order dated 20.01.2020, issued by the Additional Chief Secretary, Department of Education, Government of Bihar, Patna i.e. the respondent no. 2, whereby and whereunder the appeal preferred by the petitioner has been rejected as also has prayed for quashing of the inquiry report dated 24.10.2017 and for directing the respondents to re-instate the petitioner with all consequential benefits.
(3.) The brief facts of the case are that while the petitioner was posted as Block Education Officer, Triveniganj, District-Supaul, he is alleged to have been wrongly implicated by one Manoj Kumar Mehta who was then posted as Centre Coordinator (Teacher) at Middle School Uparkha in the BlockTriveniganj of Supaul District. The complainant in his complaint dated 24.11.2015, made before the Vigilance Investigation Bureau, against the petitioner and another Assistant Teacher namely Vidyanand Kumar posted at Middle School, Karmaniya, had alleged that the said two persons had demanded bribe for granting enhancement in pay scale, on account of passing of the efficiency test. It has been stated by the petitioner that prior to filing of the aforesaid complaint dated 24.11.2015 by the complainant, the petitioner, in the capacity of Block Education Officer, Triveniganj, had submitted an inquiry report against the complainant namely Manoj Kumar Mehta regarding his indiscipline and uncontrolled behaviour against the Headmasters and other teachers of the Primary School, Medhia and in fact, the statement of the lady teachers, who were also subjected to misbehaviour by the said Manoj Kumar Mehta, were also recorded during the inquiry proceedings conducted by the petitioner herein, whereafter, upon submission of the inquiry report by the petitioner, proceedings were initiated against the said Manoj Kumar Mehta, resulting in him being restrained from working as a Co-ordinator. It is submitted that on account of vendetta against the petitioner, the complainant had filed the aforesaid complaint dated 24.11.2015.;

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