AWADHESH KUMAR TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 9th August, 2010 passed by the learned Single Judge in CWJC No. 11203 of 2010, the writ Petitioner has preferred this Appeal under Clause 10 of the Letters Patent.

(2.) The Appellant is an Executive Engineer employed in the Road Construction Department of the State of Bihar. Since 6th March, 2007 his service has been transferred to the Building Construction Department on deputation. While on deputation, by Notification dated 21st January, 2010 passed by the State Government in its Building Construction Department, the Appellant has been placed under suspension. While under suspension, a memorandum of charge has been framed against him on 1st April, 2010. Feeling aggrieved by his continuous suspension and initiation of disciplinary proceeding by the Building Construction Department, the Appellant filed the above CWJC No. 11203 of 2010 under Article 226 of the Constitution.

(3.) The challenge to the order of suspension and the initiation of disciplinary proceeding were twofold. First; the continuous suspension from service is not permissible. After expiry of period of 7 months from the date of suspension, the order of suspension shall stand revoked and that the Appellant shall be entitled to re-instatement in service. Second; the Appellant challenged the competence of the Building Construction Department to initiate disciplinary proceeding against the Appellant.