IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.15344 of 2010
NARENDRA JHA .
Versus
THE STATE OF BIHAR & ORS .
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For the Petitioner:M/s Mithilesh Kumar Rai & Virendra
Kumar Ray, Advocates
For the State :Mr. Sharvesh Chandra Verma,AC to SC 9
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2. 21.09.2010 Heard learned Counsel for the petitioner and the learned
Counsel for the State.
The petitioner questions the order of suspension dated
21.5.2009 on the ground that it is prolonged.
It is submitted that charges were framed on 22.5.2009
with regard to interpolations in the Muster Roll Register and
records inclusive of embezzlement of government funds in repair
of the Ring Bandh. The enquiry report dated 23.12.2009
exonerated him but he still continued under suspension. He was
made aware of the enquiry report in pursuance of information
furnished to him on 9.8.2010 under Right to Information Act.
Notwithstanding the exoneration, without differing with the same
the respondents are proposing to hold de novo enquiry.
Counsel for the State submits that fresh memo of charges
appended to the order dated 18.6.2010 has not been enclosed
but only the petitioner’s reply to the same has been placed on
record. It is not possible at this stage to decipher if the fresh
enquiry was on the same charges which have already been
enquired into or not. That may have its relevance on the issue of
suspension.
The order dated 18.6.2010 refers to the same chargesheet
dated 22.5.2010 in context of which the petitioner submits that
he has been exonerated by report dated 23.12.2009.
Learned Counsel for the petitioner submits that he
confines the prayer in this application to the issue of suspension
only reserving the right to question the fresh departmental
proceedings if so advised in a fresh writ application.
This Court grants the liberty.
If the departmental proceeding has been held in
pursuance of charge memo dated 22.5.2009 and the petitioner
has been exonerated, this Court considers the same as sufficient
justification to require reconsideration of continued suspension
on that ground alone without further more.
Since the matter is being disposed off without a counter
affidavit the respondents are directed to reconsider the issue of
continued suspension in light of the submission of exoneration
in the departmental enquiry by order dated 23.12.2009 and pass
a reasoned and speaking order for the justification to continue
with the suspension under law within a maximum period of four
weeks from the date of receipt and/or presentation of a copy of
this order. If no orders are passed by the respondents within four
weeks the suspension shall stand revoked.
The writ application stands allowed.
Snkumar/- (Navin Sinha,J.)