Ashok Kumar Pandey v. The State Of Bihar And ORS

Patna High Court CWJC No.4987 of 2018 (2) dt.23-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4987 of 2018 ====================================================== Ashok Kumar Pandey .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Ranjan For the Respondent/s : Mr. Smt. Shilpa Singh -Ga12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-03-2018 Petitioner was put under suspension vide order dated 9.8.2016 in contemplation, departmental proceeding now 'Prapatra-Ka' has been served on the petitioner.

In view of the Bihar Government Servant (Appeal and Control) Rule, 2005, the order of suspension passed on 9.8.2016 cannot continue for a maximum period prescribed for suspension under the Rules. As such the Court does not find justification to keep the petitioner under suspension. Accordingly, the order of suspension as contained in Annexure-4 is hereby quashed. However, quashing of the order of suspension will not disentitle the respondent to take the departmental proceeding to its logical end expeditiously.

(Anil Kumar Upadhyay, J) Sanjeev/- U