Patna High CourtCWJC/4251/2015allowed

Om Prakash Pathak v. The State Of Bihar And ORS

2015-12-04Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4251 of 2015 ====================================================== Om Prakash Pathak S/o Late Babu Man Pathak , R/o Flat No. 202, Namashkar Kunj Apartment , Near A.G. Colony, PS- Shastri-Nagar, Distt. Patna. .... .... Petitioner

Versus

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

2. The Principal Secretary , Department of Industry , Vikash Bhawan , New Secretariat , Bihar, Patna.

3. The Principal Secretary , Health Department , Vikash Bhawan , New Secretariat, Bihar, Patna.

4. The Secretary Cum Enquity Officer, Health Department , Bikash Bhawan , New Secretariat, Bihar, Patna.

5. The Dy. Secretary , Department of Industry , Vikash Bhawan , New Secretariat, Bihar, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Dr. Anand Kumar, Advocate For the Respondent/s : Mr. Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-12-2015 The petitioner was suspended vide order dated 12.12.2014 (Annexure 1) while posted as the Deputy Director, Directorate of Industry, Bihar Patna. He has assailed the impugned order of suspension on the ground that the memo of charge was not framed within 90 days.

The petitioner submits that the impugned order of suspension cannot continue so, after 90 days in view of Rule 9(7) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 as well as the judgment of the Full Bench of this Court in case of State of Bihar & others Vs. Gyan Kumar Ram and others, reported in 2009(4) PLJR 272.

Patna High Court CWJC No.4251 of 2015 (4) dt.04-12-2015 2/2 In view of Rule 9(7) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 as well as the judgment of the Full Bench of this Court in case of State of Bihar & others Vs. Gyan Kumar Ram and others, reported in 2009(4) PLJR 272, I find substance in the submission of the petitioner. The writ petition succeeds and the impugned order of suspension dated 12.12.2014 is set aside. However, the respondents are at liberty to pass fresh order in accordance with law.

Shashi.

(Samarendra Pratap Singh, J) U