IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9894 of 2011
Krishna Chandra Choudhary
Versus
The State Of Bihar & Ors
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02. 03.8.2011 It is a serious allegation made against the Panchayat
Secretary of taking bribe from beneficiaries of Indira Awas
Scheme. Such allegation led to a kind of enquiry issued by the
District Magistrate and based on the inputs order of suspension
has been passed against the petitioner.
Thus, the said order of suspension has basis when
the decision was taken. It is an issue which should be
investigated to the hilt and the District Magistrate is directed to
ensure that the enquiry against the petitioner is completed
within a period of three months from the date of
production/communication of a copy of this order.
Writ application otherwise is dismissed. It does not
require any interference at this stage looking at the seriousness
of the charge.
There is yet another dimension to the issue.
Petitioner submits that he still continues to work on the post on
the direction of the Block Development Officer despite the order
of suspension. This Court would surely like to draw the attention
of the District Magistrate in the way such subordinate
functions under him in the district. Surely, it is a matter of
enquiry as to how a suspended person can continue to work and
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perform his duty.
Other aspect which does emerge that there is even
FIR lodged against the petitioner, Mukhiya and some other
accused on this count and pendency of the criminal charge in
this regard also has a vital importance to the issue.
In view of the totality, therefore, the contention of
the counsel that his case would be covered by the Full Bench
decision rendered in the case of State of Bihar vs. Gyan
Kumar Ram, 2009 (4) PLJR 272, will have to be read in the
light of the provisions of the rules contained in Rule-9 of the
Bihar Government Servants (Classification, Control and
Appeal) Rules, 2005 and even though the order of suspension
does not indicate that it was due to lodging of a criminal case,
this fact cannot be overlooked by this Court at this stage.
District Magistrate is directed to produce the enquiry
report in a sealed cover after expiry of three months.
The matter will be placed after submission of the
report for perusal.
rkp ( Ajay Kumar Tripathi, J.)