IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6100 of 2010 1. RAGHU BANSH KUNWAR S/O LATE RAM EKBAL KUNWAR R/O TANRA, P.S.- MOHIUDDIN NAGAR, DISTT.- SAMASTIPUR Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY, DEPARTMENT OF TRANSPORT, GOVT. OF BIHAR, PATNA 2. THE SECRETARY, DEPARTMENT OF TRANSPORT, GOVT. OF BIHAR, PATNA 3. THE STATE TRANSPORT COMMISSIONER, GOVT. OF BIHAR, PATNA 4. THE PRINCIPAL SECRETARY, DEPARTMENT OF TRANSPORT, GOVT. OF BIHAR, PATNA 5. THE DEPUTY SECRETARY, TRANSPORT DEPARTMENT, GOVT. OF BIHAR, PATNA 6. THE SECRETARY TO OPERATIVE DEPARTMENT, GOVT. OF BIHAR, PATNA 7. THE BIHAR STATE CO-OPERATIVE MARKETING UNION LIMITED, THROUGH ITS MANAGING DIRECTOR, BIHAR, PATNA 8. THE MANAGING DIRECTOR, BOARD OF DIRECTORS, BIHAR STATE CO-OPERATIVE MARKETING UNION, BIHAR, PATNA ----------- For the Petitioner :Mr. Shashi Anugrah Narayan, Sr. Advocate For the State :Mr. Ritesh Kumar, A.C. to AAG-1 For the BISCOMAUN :Mr. Vikas Kumar, Advocate 05/ 10.05.2010 Learned counsel for the petitioner is permitted to correct the typing error in the typed copy of Annexure-12. 2. Heard learned counsel for the petitioner and the counsel for the State, who has filed counter affidavit. 3. Petitioner is an employee of BISCOMAUN and has been deputed in the Transport Department of the State Government on the post of Motor Vehicle Inspector in the light of the notification of the State Government dated 17.2.1994, Annexure-6. During the period of deputation, he became accused in a vigilance case, as he was caught accepting bribe of Rs. 50,000/- ( Rs. Fifty thousand) and was taken in custody. After his release on bail, he has been put under suspension and 2 charge sheet has also been drawn against him, which has been forwarded to his parent organization for conducting departmental proceeding. 4. It is submitted on behalf of the petitioner that in the light of the orders of this Court dated 12.9.1997, passed in C.W.J.C. No. 3513 of 1994, Annexure-12, paragraph 18, the departmental proceeding be conducted in the Transport Department itself and thereafter the findings be sent to the BISCOMAUN for appropriate action against the petitioner. In this connection, it is also pointed out that L.P.A. No. 1566 of 1997 filed against the order dated 12.9.1997, passed in C.W.J.C. No. 3513 of 1994, Annexure-12 was dismissed under orders dated 22.7.1998, Annexure-13 and the orders dated 22.7.1998, passed in L.P.A. No. 1566 of 1997 was also affirmed by the Hon'ble Supreme Court, as would appear from the order dated 1.2.1999, passed in Special Leave to Appeal (Civil) No. CC312 of 1999, copy whereof is kept at page 100 of the brief. 5. Petitioner having been put under suspension, charge sheet already drawn against him, it is directed that the proceeding be conducted and concluded in the Transport Department itself and the findings recorded by the Enquiry Officer be forwarded to the BISCOMAUN for taking appropriate action against him. 6. Petitioner is directed to appear before the Transport Secretary, who should ensure appointment of Enquiry 3 Officer and relegate the petitioner to the Enquiry Officer for conducting enquiry proceeding so as to conclude the same, as early as possible, in any case within three months from the date of appointment of the Enquiry Officer by the Transport Secretary or any other officer so authorized by him. It is further directed that petitioner shall not pray for unnecessary adjournment before the Enquiry Officer. In view of my directions above, the contents of the impugned order dated 24.12.2009, Annexure-25 reverting the petitioner to his parent organization is modified. 7. The subsistence allowance from the date of suspension till the date of conclusion of the departmental proceeding be paid to the petitioner as per the rules. It is made clear that if petitioner does not cooperate in the enquiry proceeding, the Enquiry Officer shall proceed ex parte. 8. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)