Bihar Government
General Administration Department
Resolution
Shri Rahul, Bihar Administrative Service, Civil list Number 913/11, the then District Program Officer, Bhojpur, Ara, was reported to have misused his position and demanded illegal amounts from the Child Development Project Officer for personal gain, as per letters number 4550 dated 26.09.2017 and number 4580 dated 03.10.2017 from the Social Welfare Department, Bihar, Patna. Based on this, the Social Welfare Department recommended disciplinary action (suspension and departmental proceedings). The disciplinary authority reviewed the recommendation. After the review, Shri Rahul was suspended by departmental resolution number 14710 dated 21.11.2017, and his headquarters was set as the office of the Divisional Commissioner, Patna.
Based on the accusation letter received from the Social Welfare Department, an accusation letter was formed at the departmental level and, after approval from the disciplinary authority, Shri Rahul was asked for clarification through departmental letter number 443 dated 09.01.2018. Shri Rahul submitted his clarification on 28.02.2018, and in response, the department sought an opinion from the Social Welfare Department through departmental letter number 3852 dated 20.03.2018. In light of this, an opinion was received from the Social Welfare Department through letter number 3263 dated 11.06.2018, and a report on the voice verification of Shri Rahul and Smt. Prasad was received from the Director, Forensic Science Laboratory, Bihar, Patna, through letter number 2126 dated 15.10.2018.
The reported allegations against Shri Rahul, the clarification received from him, the opinion received from the Social Welfare Department, and the report received from the Forensic Science Laboratory, Bihar, Patna, were reviewed. After the review, departmental disciplinary proceedings were initiated against Shri Rahul through departmental resolution number 16805 dated 21.12.2018. The Joint Commissioner, Departmental Inquiry, Patna Division, Patna, was appointed as the conducting officer. Later, Shri Rahul was released from suspension through departmental resolution number 8533 dated 26.06.2019.
The investigation report was received from the Commissioner's Office, Patna Division, Patna, through letter number 314 dated 27.03.2021. In light of the investigation report, Shri Rahul was asked for a written statement through departmental letter number 6882 dated 09.07.2021. Shri Rahul submitted his written statement through letter number 425 dated 16.09.2021 from the Land Revenue Appellate Tribunal, Bihar.
After reviewing the allegations made against Shri Rahul, the investigation report from the conducting officer, and the accused officer's defense statement, the disciplinary authority decided on the punishment of withholding three increments with cumulative effect under Rule 14 of the Bihar Government Servants (Classification, Control, and Appeal) Rules, 2005 (as amended) for the serious and proven allegations. Departmental letter number 984 dated 27.01.2022 requested consultation/consent from the Bihar Public Service Commission on the proposed punishment. The Bihar Public Service Commission expressed its consent to the proposed punishment through letter number 1053 dated 22.06.2022. Subsequently, Shri Rahul was imposed with the punishment of withholding three increments with cumulative effect under Rule 14 of the Bihar Government Servants (Classification, Control, and Appeal) Rules, 2005 (as amended) through departmental resolution number 11633 dated 12.07.2022.
Shri Rahul filed a review petition against the punishment imposed through departmental resolution number 11633 dated 12.07.2022, which was rejected by the disciplinary authority. The disciplinary authority stated that the allegations of demanding illegal amounts were not proven, but the allegation of using inappropriate and abusive language was proven. However, the disciplinary authority noted that this allegation was not included in the accusation letter and there was no evidence to support it. The decision to impose the punishment was based on the evidence presented, including the CD, audio, and voice chip.
The disciplinary authority reviewed the reported allegations against Shri Rahul, the investigation report submitted by the conducting officer, the written statement submitted by Shri Rahul in light of the investigation report, and the review petition submitted by Shri Rahul. After the review, the disciplinary authority rejected Shri Rahul's review petition and upheld the punishment of withholding three increments with cumulative effect, as previously announced through departmental resolution number 11633 dated 12.07.2022.
Order: It is ordered that a copy of this resolution be published in the next extraordinary issue of the Bihar Gazette and a copy be sent to all concerned.
By the order of the Governor of Bihar.
(Ravindranath Choudhary)
Officer on Special Duty to the Government.
Letter Number 27/Accusation-01-19/2019-Social Welfare-17258/Patna, dated 22-01-22 Copy to: Accountant General (Audit and Accounts), Bihar, Patna; In-charge Officer, Finance (Personal Claims Determination Cell) Department, Bihar, Patna; Commissioner, Patna Division, Patna; Principal Secretary, Social Welfare Department; Shri Rahul (B.A.S.), Civil list Number 913/11, presently Officer on Special Duty , Real Estate Appellate Tribunal, Urban Development and Housing Department, Bihar, Patna; Under Secretary, In-charge Branch-12, 14, Character Fund Cell and IT Manager (for uploading on the departmental website), General Administration Department, Bihar, Patna, for information and necessary action.
Officer on Special Duty to the Government.
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