PHULESHWAR RAVIDAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner has challenged the order dated 31.8.99 as contained in annexure 1 to the writ application by which he has been put under suspension with effect from the date of the order under rule 49A of the Civil Services (Classification, Control & Appeal) Rules, 1930.

(2.) PETITIONER 's case is that in the year, 1988 he was posted as Deputy Collector, Land Reforms at Araria. As a normal course of duty, the Circle Officer forwarded the application for disbursement of jamabandi bond. The petitioner, in turn, forwarded the same to the State Govt, for necessary action but ultimately the State Govt, sometime in the year, 1989 rejected the disbursement of jamabandi bond. It is stated by the petitioner that he was transferred and posted at various places including Ranchi as Special Officer, Rationing. All of a sudden by the impugned order dated 31.8.99 the petitioner was put under suspension on the ground that while he was working as Deputy Collector, Land Reforms, Araria some illegality was committed in jamabandi bonds.

(3.) I find much force in the submission of the learned counsel. Admittedly the illegality or irregularity alleged to have been committed by the petitioner in 1988 and the said fact was known to the Government in 1989 itself when the recommendation for payment of jamabandi bond was rejected. No action, whatsoever, was taken against the petitioner for about 10 years. Suddenly for the first time by the impugned order dated 31.8.99 the petitioner has been put under suspension. In my opinion, the decisions relied upon by the learned counsel for the petitioner fully apply in the facts and circumstances of the instant case.