JOYCEE JONES Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is an employee of the respondents -Bihar State Scheduled Caste Co -operative Development Corporation Ltd. He was suspended vide order dated 12.5.1999, Annexure -5, on the ground that a criminal case has been instituted against the petitioner and one Sarju Manjhi on the charge that they by committing forgery have withdrawn Rs. 2,05,000/ - from the Bank. In the writ petition it has been stated that allegation against the petitioner in the criminal case is false. More -over, neither departmental proceeding has been initiated against him nor charge -sheet has been furnished to him. The criminal case is pending for investigation. The petitioner has been granted anticipatory bail. The petitioner has thus filed writ petition for quashing the order, Annexure - 5.

(2.) IN the counter -affidavit and supplementary affidavit it has been stated that the petitioner has been suspended on the ground that a criminal case has been lodged against him on the charge that he and one Sarju Manjhi by committing forgery have withdrawn substantial amount from the Bank. Moreover, departmental proceeding has been initiated. The Conducting Officer has been appointed vide Annexure - 'X ' to the supplementary affidavit. The charge -sheet has also been furnished to the petitioner on 13.9.2000 which was received by him on the same day.

(3.) TO resolve the controversy raised in this case it is necessary to examine the provision of suspension as provided in the Bihar Service Code. Rule 99 of the Bihar Service Code deals with an automatic deemed suspension in a case where a government servant has been arrested on criminal charge or is detained under any law providing for preventive detention or for debt, during the period for which he remains in custody. Rule 100 of the Bihar Service Code deals with suspension of a government employee if. criminal case is instituted against him which reads as follows :