IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2075 of 2011
Kaushalendra Kumar .............. ............ Petitioner
Versus
The State of Jharkhand & Ors. ...... ............ Respondents.
..............
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
..............
For the petitioner : Mr. Sujit Narayan Pd., Advocate
For the Respondents : J.C. to A.G.
.............
2/20.07.2011
: In this writ petition, the petitioner has prayed for quashing the
order of suspension dated 31.3.2011.
According to the petitioner, the suspension order is not based on
solid evidence and is bad. In course of argument learned counsel for the
petitioner submitted that the departmental proceeding has been initiated
against him and charge sheet has already been served. Enquiry Officer
has also been appointed.
Learned J.C. to A.G. appearing on behalf of the respondents
submitted that the petitioner has been put under suspension in
contemplation of departmental proceeding. Now, the charge-sheet has
also been served, departmental proceeding has been initiated, Enquiry
Officer has been appointed to enquire into the charges against the
petitioner. The petitioner, in stead of replying to the charges and facing
enquiry before the Enquiry Officer, has rushed to this Court. The enquiry
is at preliminary stage and the petitioner has efficacious forum to take all
the points in his defence.
Heard learned counsel for the parties. The petitioner has
challenged the suspension order dated 31.3.2011. It is an admitted case
that a departmental proceeding has been initiated and charge-sheet has
already been served. The Enquiry Officer has been appointed. The
petitioner has, thus, got alternative and efficacious forum to take all his
defence. The order of suspension is a consequence of initiation of the
proceeding against the petitioner. I, therefore, find no illegality in the
impugned order.
This writ petition is, accordingly, dismissed.
(Narendra Nath Tiwari, J)
Shamim/