Patna High CourtCWJC/18725/2014dismissed

Sanjay Kumar Singh v. The State Of Bihar And ORS

2015-07-22Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18725 of 2014 ====================================================== Sanjay Kumar Singh, Son of Sri Ambika Prasad Singh, resident of VillageNadiyaeen, P.S.- Barun, District- Aurangabad, Executive Engineer, Public Health Engineering Department, District- Samastipur presently (under suspension) posted in the office of Regional Chief Engineer, Public Health Engineering Department, Bhagalpur Zone Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

3. The Additional Secretary, Public Health Engineering Department, Government of Bihar, Patna.

4. The Joint Secretary, Public Health Engineering Department, Government of Bihar, Patna.

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

For the Petitioner/s : Mr. Ram Naresh Sharma, Advocate. For the Respondent/s :

Mr. Purnendu Singh, GP 27 For the Vigilance :

Mr. Vishwanath Prasad Singh, Sr. Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 22-07-2015 Heard learned counsel for the parties including Mr. Vishwanath Prasad Singh, learned senior counsel for the Vigilance Economic Office.

2. Having regard to the fact that the petitioner's order of suspension was passed under Rule 9(1)(c) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005, which is on account of pendency of a criminal case against him, this Court is not inclined to interfere with the order of suspension.

3. The petitioner is facing some very serious charge of

Patna High Court CWJC No.18725 of 2014 (4) dt.22-07-2015 2/2 amassing wealth beyond his known source of income and, therefore, while this Court would not interfere with the order of suspension, but then on being informed by the learned counsel for the petitioner that as a matter of fact even charge sheet has not yet been filed by the Vigilance Unit against the petitioner in a space of almost two years, this Court would direct the Director General of Police to ensure that the proceedings of the pending criminal case against the petitioner is expedited so that he does not remain under the cloud of suspension for an unnecessary prolonged period.

4. Subject to the aforementioned observation, this writ application is dismissed.

5. Let the copy of this order be given to Mr. Vishwanath Prasad Singh, learned senior counsel for the Vigilance (Economic Offence Unit) to ensure that the proceedings of pending criminal case against the petitioner is brought to an end at an early date.

(Mihir Kumar Jha, J) Sujit/- U