IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.338 of 2008
RAM BILASH THAKUR
Versus
THE STATE OF BIHAR & ORS
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For the appellant : Mr.Ram Shankar Das, Advocate.
For the respondents : M/s. Binay Kumar & Krishnakant Singh,
Advocates.
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PRESENT
Hon’ble the Chief Justice
&
Hon’ble Mr. Justice Kishore K. Mandal
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Dated, the 4th July, 2008.
The counsel for the appellant does not dispute that in a
criminal case being Saharsa P.S.Case No.260 of 2007 the appellant
has been arraigned as an accused. He also does not dispute that
investigation in respect of the said criminal case is going on. From the
order of suspension it appears that the government thought it
expedient to suspend him as criminal case in which he is an accused,
is under investigation. It is, thus, seen that the order of suspension has
been passed by the Government in exercise of power conferred upon
it under Rule 9(1) (c ) of the Bihar Government Servants
(Classification, Control and Appeal) Rules, 2005. Rule 9(7) is not
attracted when the suspension order has been passed under Rule 9(1)
(c ).
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2. Seen thus, the consideration of the matter by the
Single Judge cannot be faulted. LPA has no merit. It is dismissed in
limine.
R.M. Lodha, CJ
Kishore K. Mandal, J.
Sunil