AWADHESH CHANDRA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE writ petition initially was filed for quashing the order contained in memo No. 730 dated 22 -10 - 2001, Annexure -5, whereby direction was issued to the petitioner that he will not do any work with respect to taxation except collection of tax and he will hand over papers with respect to all other work to Raghunandan Prasad, Assistant Tax Daroga, as inquiry is being made against the petitioner with respect to illegality committed by him. Subsequently, amendment petition was filed challenging the order contained in memo No. 750 dated 7 -11 -2001, Annexure -9, whereby order has been passed for initiating departmental proceeding against the petitioner with respect to the charges mentioned therein the details and he was suspended.

(2.) THE petitioner was initially appointed as Tax Collector on 8 -8 -1968. Subsequently, he was made incharge Tax Daroga with effect from 14 -5 -1993. While he was functioning as incharge Tax Daroga order, Annexure -5, was issued directing him not to do any other work with respect to taxation except collection of tax, Direction was also issued to him to hand over papers with respect to all other works to the Assistant Tax Daroga. By an amendment the petitioner has challenged the order, Annexure -9, dated 7 -11 -2001, whereby he has been suspended and a departmental proceeding has been initiated.

(3.) LEARNED Counsel for the petitioner further pointed out that the order, Annexure -5, dated 22 -10 - 2001. and the order, Annexure -9, dated 7 -11 -2001 have been issued by the Special Officer, Municipality who had no jurisdiction to issue such order as he was not full -fledged Special Officer rather it was stop -gap arrangement, The submission of learned Counsel for the petitioner, in my view, is not at all sustainable which is evident from the order, Annexure -X to the supplementary affidavit filed on 20 -11 -2000. Annexure -X is notification of the Urban Development Department, Government of Bihar dated 17 -4 -2001 whereby Sri R.N. Singh, Anchal Adhikari, Bihar Sharif has been appointed Special Officer of the Municipality till further order. Therefore, it is evident from the said notification that the Special Officer was appointed by the concerned department and as such it cannot be said that he had no jurisdiction to pass orders, Annexures -5/9.