IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.768 of 2011
Uma Shankar Ram, son of late Ghur Fekan Ram, resident of village -
Sugahar, P.O. Rasen, P S - Rajpur, District - Buxar (Bihar)
Versus
1. The State of Bihar through the Principal Secretary, Government of
Bihar, Visheshwaraiya Bhawan, Bailey Road, Patna.
2. The Joint Secretary, Rural Works Department, Government of
Bihar, Visheshwaraiya Bhawan, Bailey Road, Patna.
3. The Deputy Secretary, Vigilance, Government of Bihar,
Visheshwaraiya Bhawan, Bailey Road, Patna.
4. The Engineer-in-Chief, Rural Works Department, Government of
Bihar, Visheshwaraiya Bhawan, Bailey Road, Patna.
5. The Chief Engineer, Rural Works Department, Government of
Bihar, Visheshwaraiya Bhawan, Bailey Road, Patna.
6. The Superintending Engineer, Rural Works Department, Rural
Works Circle, Darbhanga, P.S. Darbhanga Town, District -
Darbhanga.
7. The Executive Engineer, Rural Engineering Organization, Works
Division, Benipatti, P.S. Benipatti, District - Madhubani.
8. The Assistant Engineer, Rural Engineering Organization (Work),
Sub-Division Benipatti, P S - Benipatti, District - Madhubani.
9. The District Magistrate, Madhubani, P S - Madhubani, District -
Madhubani.
10. The Deputy Development Commissioner, Madhubani, P S -
Madhubani, District - Madhubani (Bihar).
11. The Deputy Secretary (Vigilance), Public Works Department,
Government of Bihar, Patna.
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04. 15.9.2011 Petitioner was put under suspension in the year 2007
in anticipation of a contemplated departmental enquiry.
Chargesheet came to be served on him subsequently in terms of
Annexure-6. For a long period of time the enquiry did not
proceed and it is only recently that an enquiry officer has been
appointed and there is hope of the proceeding concluding in
near future as per the stand of the State counsel.
The charges read as a whole are serious in nature
and therefore, in the interest of administration, the suspension
matter should come to its logical end as much time has already
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elapsed ever since the petitioner was put under suspension in the
circumstance which led to framing of a set of charges indicated
in Anneuxre-6.
The writ application is disposed of with a direction
upon the petitioner that he shall render all co-operation in the
departmental proceeding and the departmental proceeding
should proceed preferably day to day so that it is completed
within a period of sixty days as indicated by the counsel for the
State in this regard.
If such an exercise is not completed within the time
frame, there could be an occasion for the Court to quash the
suspension and allow the petitioner to rejoin unless there are
some other orders against him necessitating the continuance
thereof since a few other criminal cases too have been instituted
against the petitioner in relation to his official work.
The writ application is disposed of with above
direction on the respondents.
rkp ( Ajay Kumar Tripathi, J.)