SANTOSH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was working as an Executive Engineer in the Public Health Engineering Department (PHED), Government of Bihar when his service was placed under the disposal of Bihar Rajya Jal Parishad by a notification issued by PHED vide Memo No. 489 dtd. 26/6/2017. The Bihar Rajya Jal Parishad, it has been stated, has since merged in Bihar Urban Infrastructure Development Corporation Ltd. (BUIDCO). The petitioner, upon merger of Parishad with BUIDCO was posted as Executive Engineer, New Capital Division, Patna with additional charge of Beur-Mithapur Zone. Certain other zones were also placed under the petitioner's jurisdiction.

(2.) The petitioner, it appears, was subsequently repatriated to his parent department. On the allegation of dereliction in discharge of his official duties and failure on his part to apprise BUIDCO about maintenance of sump houses under his jurisdiction, he has been put under suspension in exercise of power under Rule 9(1)(a) of Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as the 'Rules') in contemplation of initiation of departmental proceeding by a notification issued vide Memo No. 367 dtd. 14/2/2020, under the signature of Joint Secretary, PHED under the orders of the Governor of Bihar.

(3.) The said order of suspension has been challenged in the present writ application. From the records, it appears that soon after the impugned order was passed on 14/2/2020, the petitioner filed the present writ application, inasmuch as, the date when the affidavit was sworn has been mentioned as 18/2/2020. This application was registered on 26/5/2020.