Dinesh Chandra Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7507 of 2021 ====================================================== Dinesh Chandra Rajak Son of Rameshwar Rajak Resident of village- Sahsi, P.O.- Sahsi, P.S.- Alauli, District- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Khagaria 2.

District Programme Officer, Khagaria 3.

District Education Officer, Khagaria 4.

Block Development Officer cum Secretary, Prakhand Niyojan Officer, Alauli, Khagaria 5.

Block Education Extension Officer, N/A ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Poddar Suresh Gandhi For the Respondent/s :

Mr. Girijish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accept notice for respondents. Petitioner's counsel to serve copy of the petition to the State counsel, if it is not already served.

3. In the instant petition, petitioner has prayed for following reliefs:

"(1) That this writ petition has been filed in the nature of Certiorari for quashing the suspension of petitioner passed by the District Programme officer, Prathmic Shiksha and Sarv Shiksha

Patna High Court CWJC No.7507 of 2021 dt.10-02-2022 2/3 Abhiyan, Khagaria after approval of District Education Officer, Khagaria vide letter no. cw/1101 dated 19.7.2017 and Prapatra 'K' dated 4.4.2018 issued by District Programme Officer, Khagaria vide Letter no.- 144 dated 4.4.2018 along with charge on the ground that Prapatra 'K' has been initiated after six years of the incident in the school whereby all materials of Building construction has been looted by the miscreants for which the petitioner has been suspended twice, once in the year 2015 i.e. 18.3.2015 and another in the year 2017 i.e. on 19.7.2017 without any enquiry and departmental proceedings. Suspension of petitioner has been revoked on 27.4.2016 after one year of suspension. Proceedings has been taken without following the procedure of Bihar CCA rules 2005 which is wholly miscarriage of justice and against the rule of law. Respondents has also not given proper opportunity to the petitioner or show cause notice about the case which is also violation of natural justice."

4. Petitioner was placed under suspension on 19.07.2017. The suspending authority has not undertaken review of suspension in revoking the order of suspension despite lapse of nearly four and half years. At the same time, departmental proceedings have not been concluded. Apex Court time and again held that prolong suspension of an employee is deprecated. Assuming that petitioner's suspension is to be continued, the suspending authority is required to undertake review of suspension as to continuation of his suspension or

Patna High Court CWJC No.7507 of 2021 dt.10-02-2022 3/3 not?

5. Therefore, the suspending authority is hereby directed to undertake review of suspension by taking note of decision of Apex Court rendered in the case of Ajay Kumar Chaudhary V. Union of India reported in (2015) 7 SCC 291. Further if the petitioner is paid subsistence allowance from time to time, may also be examined and decided. The above exercise shall be completed within a period of one month from the date of receipt of this order.

6. With the aforesaid observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 24.02.2022 Transmission Date