Bihar Government,
General Administration Department
Resolution
Shri Rahul (B.A.S.), Civil list number 913/11, the then District Program Officer, Bhojpur, Ara, was accused of demanding illegal money from one Smt Madhurima Prasad, Child Development Project Officer Garhani Bhojpur on mobile phone and of threatening her to put pressure and of doing wrong works when she refused to give illegal money . Based on these allegations reported by the Social Welfare Department, Shri Rahul was suspended on 21.11.2017 through departmental resolution no. 14710. Subsequently, departmental proceedings were initiated against him on 21.12.2018 through resolution no. 16805. Shri Rahul was reinstated on 26.06.2019 through departmental resolution no. 8533.
Based on the investigation report received from the Conducting Officer on 27.03.2021, Shri Rahul was asked to submit a defense statement. The disciplinary authority reviewed the charges against Shri Rahul, his defense statement, the investigation report from the Conducting Officer, and the opinion received from the Bihar Public Service Commission. After the review, Shri Rahul was punished with three cumulative increments of pay being withheld through departmental resolution no. 11633 dated 12.07.2022. His appeal for reconsideration was rejected through departmental resolution no. 17358 dated 22.09.2022.
Shri Rahul challenged this punishment before the Hon'ble High Court of Patna in CWJC No. 441/2023. On 13.03.2023, the court passed an order, the operative portion of which is as follows:
"In such circumstances, without going into the merit of the case, this Court is of the considered opinion that the impugned orders as contained in Annexure- '33' and Annexure- '35' respectively are liable to be set aside on the ground of violation of principles of natural justice and non-consideration of the materials available on the record. Accordingly, this Court sets aside the impugned orders of punishment vide resolution contained in memo no.11633 dated 12.07.2022 (Annexure- '33') and the resolution contained in memo no.17358 dated 22.09.2022 (Annexure- '35') and remit the matter to the disciplinary authority for passing a fresh order after considering the submissions of the petitioner as contained in Annexure- '32' to the writ application. Let a fresh order be passed within a period of four months from the date of receipt/production a copy of this order. This writ application is allowed to the extent indicated hereinabove."
Shri Rahul submitted a representation in light of the above court order, along with a copy of his previous reply to the show-cause notice, in which he defended himself against the charges.
In light of the directions given by the Hon'ble High Court of Patna on 13.03.2023, the charges against Shri Rahul, the investigation report received from the Conducting Officer, and Shri Rahul's defense statement in light of the said investigation report were reviewed again. During the review, it was found that the conclusion given by the Conducting Officer by accepting the report given by the Forensic Science Laboratory, an authorized institution of the state government after examining the CD, cannot be considered inappropriate. The Conducting Officer in his enquiry report has reported proved the allegation of using indecent, disrespectful, and threatening language during a conversation with a female officer over the phone. As a senior officer, Shri Rahul's conduct is not in accordance with the Bihar Government Servant Conduct Rules.
After reviewing the case, the disciplinary authority has rejected Shri Rahul's response to the show-cause notice and, in compliance with the court order dated 13.03.2023 in CWJC No. 441/2023, has revoked departmental resolutions no. 11633 dated 12.07.2022 and no. 17358 dated 22.09.2022. Shri Rahul (B.A.S.), Civil list number 913/11, the former District Program Officer, ICDS, Bhojpur, is punished with the withholding of two increments of pay, cumulative in effect, under Rule 14 of the Bihar Government Servant (Classification, Control, and Appeal) Rules, 2005.
The disciplinary authority sought the consent/advice of the Secretary, Bihar Public Service Commission, on the proposed punishment through departmental letter no. 9599 dated 23.05.2023. In response, the Bihar Public Service Commission's letter no. 1507 dated 21.07.2023 stated that since their advice had already been obtained in this matter, it was not necessary to seek further advice in light of the provisions contained in the notification no. 9794 dated 22.07.2019 issued by the General Administration Department, Bihar, Patna.
4. In light of the aforementioned facts, in compliance with the court order dated 13.03.2023 in CWJC No. 441/2023, departmental resolutions no. 11633 dated 12.07.2022 and no. 17358 dated 22.09.2022 are revoked. Shri Rahul (B.A.S.), Civil list number 913/11, the former District Program Officer, ICDS, Bhojpur, is punished with the withholding of two increments of pay, cumulative in effect, under Rule 14 of the Bihar Government Servant (Classification, Control, and Appeal) Rules, 2005. This punishment is imposed and communicated. Sd/-
(Ravindranath Choudhary),Deputy Secretary
Memo No. 27/Charges-01-02/2020-General Administration-14603/Patna, dated-01.08.2023
Copy to: Accountant General (Audit & Accounts), Bihar, Patna; In-charge Officer, Finance (Individual Claim Determination Treasury) Department, Bihar, Patna; Commissioner, Patna Division, Patna; Commissioner, Saran Division, Chapra; District Magistrate, Gopalganj; District Magistrate, Patna; Shri Rahul (B.A.S.), Civil list number 913/11, presently OSD Real Estate Appellate Tribunal Patna, Urban Development and Housing Department, Bihar, Patna; Under Secretary, In-charge Branch-12,14, Character Treasury and IT Manager (for uploading on the departmental website), General Administration Department, Bihar, Patna for information and necessary action. Deputy Secretary
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