LAWS(PAT)-1994-4-56

SHAMBHU NATH SINGH Vs. STATE OF BIHAR

Decided On April 08, 1994
SHAMBHU NATH SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) In this application the Petitioner has prayed for quashing the order of the Collector, Saran, Chapra communicated to the Petitioner by the Establishment Deputy Collector, Saran vide his Memo No. 199/Stha. Chapra, dated 21st March, 1992, as contained in annexure '2' to the writ application whereby he has again been suspended with immediate effect.

(2.) In short, the facts of the case are that the Petitioner was appointed as Karamchari by the Collector, Saran, Chapra (Respondent No. 2) and joined as such in the circle office of Marhaura in the district of Saran on 16.1.1956 and since then he is serving the State in that capacity having been posted at different places within the district. During the period July, 1978 to November, 1984 the Petitioner was posted as Karamchari in Garkha circle in the district of Saran and later he was transferred to Sonepur Circle where he remained posted till the year 1986. While he was posted at Sonepur, he came to know that Vigilance P.S. case No. 32/86 under Sections 120-B, 467, 468, 420, 471-A of Indian Penal Code and 5(2) read with 5(i)(c)(d) of Prevention of Corruption Act was instituted against 11 persons including the Petitioner on the allegation of some irregularities committed in disbursement of N.C. loan and Tacavi loan to the farmers of Garkha Anchal during the period he was posted there. In view of the aforesaid Vigilance case the Petitioner was placed under suspension by an order bearing No. 537, communicated to the Petitioner vide memo No. 1943 dated 4.11.1986.

(3.) On 23.10.1989 the said order of, suspension of the Petitioner from service was revoked in view of the Cabinet Vigilance Department letter No. 5272 dated 2.8.1989, as even after a lapse of about 3 years no charge was framed by the competent court after the revocation of the said suspension. The Petitioner was posted at Jalalpur Circle in the year 1989 where he continued till the impugned order again placing him under suspension on the same charge was communicated to him by memo No. 199/Estd. Chapra dated 21.3.1992 under the signature of Respondent No. 4. A photo copy of the impugned order dated 21.3.1992 has been annexed as annexure 2 to the writ petition. From perusal of the said order it appears that it has been passed merely on the ground that the sanction of prosecution has been accorded by the Collector.