Patna High CourtCWJC/2544/2017disposed

Shivraj Bahadur Sinha v. The State Of Bihar And ORS

2017-09-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2544 of 2017 ====================================================== Shivraj Bahadur Sinha, Son of late Gauri Shankar Prasad, R/o village Jaibar, P.O. Nadghat, P.S. Gauri Chak, District Patna (Block Co-operative Extention Officer-under suspension).

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Co-operative Department, Govt. of Bihar, Patna.

2. The Registrar, Co-operative Department, Govt. of Bihar, Patna.

3. The Additional Registrar, Co-operative Department, Govt. of Bihar, Patna.

4. The District Magistrate, Saran at Chapra.

5. The District Magistrate, Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar, Adv.

For the State :

Mr. Subodh Kumar, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT & ORDER Date : 05-09-2017 The impugned order is of 06.08.2014, issued by the Registrar, Co-operative Societies, Bihar, Patna, whereby, the petitioner has been put under suspension during the pendency of a criminal case against him, in exercise of power under Rule 9(1) (c) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005.

2. The petitioner, at the relevant point of time, was posted as Block Co-operative Extension Officer, Amnaur, in the district of Saran.

Patna High Court CWJC No.2544 of 2017 dt.05-09-2017 2/2

3. The power of a disciplinary authority to put an officer under suspension during the pendency of a criminal case, involving moral turpitude, cannot be disputed. I do not find any illegality in the order impugned, which is under challenge.

4. The Court, however, expects that the disciplinary authority shall review as to whether it is in public interest to allow the petitioner to continue under suspension and take a decision in this regard accordingly.

5. This application stands disposed of, with the observation as above.

(Chakradhari Sharan Singh, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 06.09.2017 Transmission Date N/A