NILIMA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

(2.) The present writ petition has been filed for quashing the order of punishment dtd. 27/4/2012, passed by the Secretary, Social Welfare Department, Government of Bihar whereby and whereunder the petitioner has been dismissed from service. The petitioner has further prayed for quashing of the appellate order dtd. 31/5/2019, as contained in Memo dtd. 18/6/2019, whereby and whereunder the review petition filed by the petitioner has been rejected by the Additional Chief Secretary, Social Welfare Department, Govt. of Bihar, Patna.

(3.) The brief facts of the case according to the petitioner is that the petitioner had initially joined as a lady supervisor whereafter she was promoted on the post of Child Development project Officer vide notification dtd. 14/1/2009 and posted at Tilothu (Rohtas). It is the case of the petitioner that since she had exposed the corruption prevailing in the Anganwadi centers under Tilothu project falling within the administrative control of Rohtas District, she was placed under suspension vide order dtd. 21/4/2010. The petitioner is stated to have then filed a writ petition bearing CWJC No. 7654 of 2010 challenging the aforesaid order of suspension dtd. 21/4/2010, however, since the departmental proceedings had already been initiated against her, a coordinate Bench of this Court, by an order dtd. 18/11/2010, disposed off the said writ petition with a direction to conclude the departmental proceeding within a period of six months from the date of receipt and/or presentation of a copy of the order, failing which the disciplinary authority shall be obliged to reconsider the issue of continued suspension of the petitioner. The petitioner had then filed an appeal against the said order dt. 18/11/2010 bearing L.P.A. No. 34/2011, however, the same was disposed off by an order dtd. 15/3/2012, passed by a Ld. Division Bench of this Court, with a direction that in case the final order is not passed in the ongoing departmental proceeding by 31/3/2012, the order of suspension dtd. 21/4/2010 shall stand revoked and the petitioner would be reinstated in service with effect from 1/4/2012. The enquiry proceedings had then commenced and ultimately the enquiry report was submitted by the enquiry officer. Thereafter, a second show cause notice dtd. 29/4/2011 was issued to the petitioner enclosing the copy of the enquiry report to which the petitioner had submitted her reply. The disciplinary authority had then passed the impugned order of dismissal dtd. 27/4/2012, which was challenged by the petitioner before this Court in CWJC No. 1173 of 2015, however the said writ petition was disposed off by an order dtd. 18/1/2019, granting liberty to the petitioner to raise her objections before the competent authority by filing a review petition, whereupon the petitioner had filed a petition before the appellate authority-cum-Principal Secretary, Social Welfare Department, Bihar, Patna on 7/2/2019 but the same has been dismissed by the impugned order dt. 31/5/2019, passed by the Additional Chief Secretary, Social Welfare Department, Govt. of Bihar, Patna.