SURENDRA PRASAD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in this application has questioned an order dated 29-6-1993 passed by the Commissioner-cum-Special Secretary, Finance (Commercial Taxes) Department, whereby and whereunder he was placed under suspension for alleged disobedience to the order of transfer and posting.

(2.) THE petitioner has contended that the impugned order as contained in Annexure 1 to the writ application is without jurisdiction inasmuch as he being a Class I Officer he could have been placed under suspension only by the Governor of Bihar who was his appointing authority in terms of Rule 49-A(1) of Bihar Civil Service (Classification, Control and Appeal) Rules, 1930.

(3.) IT is stated that in terms of Article 166 (2) of the Constitution of India all orders passed by the State Government can be signed or authenticated by the Secretary, Deputy Secretary, Under Secretary and Assistant Secretary of the concerned Department and as the impugned order of suspension had been issued under the signature of Commissioner of Commercial Taxes and as he is also the Special Secretary of the said Department of the State of Bihar, the same is legal and valid.