High Court Patna High Court - Orders

Uma Shankar Ram vs The State Of Bihar & Ors on 15 September, 2011

Patna High Court – Orders
Uma Shankar Ram vs The State Of Bihar & Ors on 15 September, 2011
                  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.
                                               -----------

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.)