KAMTA PRASAD PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order dated 19.3.2001 passed by a learned Single Judge dismissing the writ application filed by the appellants challenging the order of their suspension as well as the repatriation from the Transport Department to their parent department i.e. the Police Department.

(2.) As we agree with the order of the learned Single Judge, it is not necessary to state the facts of the case in detail. Suffice it to say that these appellants were holding substantive posts of Sub -Inspector of Police in the Police Department. Their services were sent on deputation to the Transport Department. While they were working in the said department, a criminal case under sections 7/13(ii) of the Prevention of Corruption Act was registered and they were apprehended while accepting bribe. They were remanded to custody on 31.10.2000 and they were released on bail on 2.1.2001. On 6.1.2001, the impugned order was passed putting them under suspension with effect from 31.10.2000 and repatriating them to their parent department.

(3.) Learned counsel tor the appellants submitted that the order of suspension is vitiated in law as it was passed with retrospective effect after the appellants were released on bail.