- (1.)This appeal has been preferred by the State of Bihar and others against the judgment dated 7th May, 2007 passed by the High Court Judicature at Patna in Cr.W.J.C. No.352 of 2002. By the impugned judgment the High Court giving reference to the provisions of Bihar Reorganisation Act, 2000 held that the impugned FIR instituted on 20th August, 2002 by State of Bihar, much after the appointed day is not maintainable and quashed the FIR.
(2.)The factual matrix of the case is as follows:
The 1st respondent Ashok Kumar Singh belongs to Indian Administrative Service. He was an officer for the cadre of unified Bihar and was posted as the Managing Director of the Bihar State Financial Corporation (hereinafter referred to as "BSFC") (between 12th May, 1994 and 19 June, 1998). On 1st June, 1996 complaints were received against the 1st respondent and some others alleging that as the Managing Director of the BSFC he and ten other persons including six public servants floated two NGOs and received illegal gratification by forcing the BSFC beneficiaries/loanees to deposit money in the NGOs in return of financial favours shown to them by waving off outstanding loan recoveries. They were also alleged of tampering with records. The Vigilance Department, Government of Bihar instituted an inquiry.

(3.)The 1st respondent at that stage filed a writ petition bearing CWJC No.7680 of 1997 in the Patna High Court challenging the inquiry. The same was disposed of with certain observations. The observation made by the High Court having not complied with, a contempt petition bearing M.J.C.No.1498/1998 was filed by the 1st respondent in the Patna High Court. It was disposed of with a peremptory order to dispose of the inquiry within 8 months, subject to grant of extension.