Ranjan Alok v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10728 of 2013 ===========================================================

1. Ranjan Alok S/O Late Dharamnath Prasad Resident Of Village- Pachrukhi, P.S. AND District- Siwan .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Director, Bihar Renewable Energy Development Agency (Breda) Sone Bhawan, Birchand Patel Path, Patna- 1

3. The District Magistrate, Siwan

4. The Establishment Deputy Collector, District Development Office, Siwan

5. The Deputy Development Commissioner, Siwan .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 11-08-2016 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner was the employee of the Bihar Renewable Energy Development Agency (hereinafter referred as BREDA) was sent on deputation to District Rural Development Agency (hereinafter referred as DRDA) and after sometime, the petitioner has been sent back to his parent organization, on the ground that he has been put under suspension. The learned counsel for the petitioner submits, after relieving, he had gone to the office of BREDA and his joining was not accepted.

Patna High Court CWJC No.10728 of 2013 dt.11-08-2016 2/2 The petitioner is the employee of BREDA, the employer has put him under suspension which does not mean that his service has been terminated.

If the petitioner is still under suspension and his service has not been dispensed with, his joining in the department cannot be refused.

In such view of the matter, if the petitioner goes there and gives his joining, the respondent authority will accept the same subject to the condition that the service of petitioner has not been dispensed with and take action in accordance with law. With the above observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) ajaypd./- U