Satish Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13245 of 2014 =========================================================== Satish Kumar Singh S/o late Kailash Singh resident of Village Naya Tola Saristabad, Azad Path, A/14, P.S. Gardanibagh, District Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Rural Works Department, Government of Bihar, Patna

3. The Special Secretary, Rural Works Department, Government of Bihar, New Secretariat, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Mishra For the Respondent/s : Mrs N.Mishra, GA 13 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 26-02-2015 Petitioner has been suspended vide order contained in Annexure- 5 dated 3.7.2014. The reason for suspension of the petitioner is obvious. The Court may not record in detail as to why such an action had to be taken against the petitioner. Suspension has been effected in exercise of power by the competent authority under Rule 9 (1) (c) of the Bihar Government Servants (CCA) Rules, 2005. Rule 9 (1) (c) is reproduced herein below :

"9. Order of Suspension - (1) The appointing authority or any authority to which the appointing authority is subordinate or the disciplinary authority or any other authority empowered in that behalf by the Government by general or special order, may place a government servant under suspension when-

Patna High Court CWJC No.13245 of 2014 dt.26-02-2015 2/2 (a) xx xx xx (b) xx xx xx (c) a case against the government servant in respect of any criminal offence is under investigation, inquiry or trial and the competent authority is satisfied that it is expedient to suspend the Government Servant in public interest."

A reading of the above provision and a reading of the reason for suspension surely make out a case for the action to be taken against the petitioner because it cannot be the case of the petitioner that there is no criminal case instituted against him. Writ application has no merit. It is dismissed. (Ajay Kumar Tripathi, J) sk U