IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 2573 of 2011
Naresh Kumar Yadav ...... Petitioner
Versus
The State of Jharkhand & ors. ...... Respondents
CORAM: HON'BLE MR. JUSTICE D.N. PATEL
For the Petitioner : Mr. Rupesh Singh, Advocate
For the Respondents : J.C. to A.G.
th
04/Dated: 19 August, 2011
1.
Learned counsel for the petitioner submitted that the petitioner is under
suspension and the departmental inquiry is going on from March 2011 and the
inquiry has not yet been completed and during the period of suspension, the
petitioner has been transferred, for which, separate interlocutory application
has been instituted for getting stay, in which, this Court vide order dated 16th
August, 2011 has stayed the order of transfer dated 23rd June, 2011, which is at
Annexure IA/2 to the interlocutory application, till today.
2. Learned counsels for the respondents submitted that today a counter
affidavit has been filed, in which, it has been stated that inquiry, pending
against the petitioner, will be completed within a period of three months.
3. In view of the aforesaid submissions and looking to the nature of
allegations levelled against the petitioner, the respondents have all right to
conduct the inquiry against the petitioner. Departmental inquiry is already
going on and as per the counter affidavit filed today by the Deputy
Superintendent of Police (H. Qr.), Ranchi, the inquiry will be completed
withing a period of three months. I therefore direct the respondents to
complete the inquiry, pending against the petitioner, within a period of three
months from today. In no circumstance, the time limit granted hereinabove will
be extended by the respondents themselves, for getting the extension of time
limit to complete the inquiry, separate application will be preferred by the
respondents before this Court with specific reasons. Meanwhile, the order of
stay, passed by this Court dated 16th August, 2011 against the order dated 23rd
June, 2011, which is at Annexure IA/2 to the interlocutory application, shall
be continued to remain in operation, till the departmental inquiry is over.
4. Learned counsel for the petitioner submitted that the petitioner is not
getting subsistence allowance since last two months.
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5. I therefore direct the Inspector General of Police, Ranchi to see that the
subsistence allowance is paid to the petitioner, regularly and whatever is
accumulated, shall be paid within a period of fifteen days from today.
6. The writ petition as well as I.A. No. 2077 of 2011 are disposed of, in view
of the aforesaid directions.
(D.N. Patel, J.)
Ajay