PANKAJ PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for petitioner and learned counsel for respondent-State.

(2.) It is submitted by petitioner's counsel that suspension has inordinately been prolonged since 03.12.2018, i. e., the date on which he was placed under suspension, while he was working as a Higher Division Clerk. In view of the judgment of the Full Bench in the case of the State of Bihar & Ors vs. Gyan Kumar Ram, 2009 4 PLJR 272, interpreting the the provisions, contained in Rule 9 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (for brevity 'the Rules'), this Court should quash the suspension and grant benefits to the petitioner in respect of the period of illegal suspension and direct for his reinstatement. Paragraph Nos. 19 and 20 of the said judgment, referred to by the petitioner's counsel, read as follows:-

(3.) It is clear from reading to the two paragraphs relied upon by the petitioner, and more specifically paragraph 20(d), that relief claimed, i.e. quashing of suspension and reinstatement, now stands defeated since charge memo has been issued against the petitioner on 06.02.2020.