JETHAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application is directed against the order of suspension passed by the Commissioner, Patna Division, on 5th Septem ber, 1979, by which this petitioner has been put under suspension with effect from 9th January, 1979. The order was communicated to the petitioner by the office of the Collector, Aurangabad after 23rd September 1979. The impugned order of suspension is contained in Annexure 1 and the petitioner has prayed for quashing of the same.

(2.) The short point which arises for consideration is whether the order of suspension can be passed with retrospactive effect.

(3.) It appears that the petitioner was suspended on a charge of receiv ing illegal gratification which is an offence punishable under the Prevention of Corruption Act and also under the Indian Penal Code. He was arrested on the said charge on 10th November 1978 but was released on bail on 9th January, 1979. It has been stated on behalf of the petitioner that on being released, when he went to join his office, he was served with the suspension order, vide Annexure 1, after 23rd September, 1979.