GANAURI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ON 26th April, 2001 the petitioner was put under suspension in contemplation of a disciplinary proceeding. Prior thereto he was not paid his salaries for the period 22nd June, 2000 to 25th April, 2001 for no just reason. A chargesheet was issued against the petitioner on 7th June, 2001. The petitioner gave a reply to the chargesheet. Thereafter, an Enquiry Officer was appointed. The Enquiry Officer went into the matter and submitted his report on 2nd January, 2002. Even today no final order has been passed. In the meantime, although the petitioner was paid subsistence allowance from 24th May, 2001 and his subsistence allowance was revised, in terms of Rule 96 of the Bihar Service Code, but he was not, for no just reason, paid subsistence allowance for the period 26th April, 2001 to 23rd May, 2001. This is absolutely unfortunate. No reason is forthcoming why despite expiry of three years from the date of submission of the enquiry report by the Enquiry Officer, no final decision could be taken.

(2.) LEARNED counsel for the respondents submitted that his client be granted three weeks time to decide the matter finally. When by three years time they have not been able to conclude the disciplinary proceedings by passing a final order, they may take another 30 years to do so. It is upto to them when to conclude the disciplinary proceedings, but in the meantime by not concluding the disciplinary proceeding by passing a final order, despite the enquiry report having been filed three years back, the disciplinary authority cannot keep the petitioner on suspension. In this connection the Government has also issued various circulars saying that when criminal charges are not pending investigation against an Officer of the State, the period of suspension shall not normally exceed a period of two years. In the instant case, no criminal charge against the petitioner is under investigation. The chargesheet issued against the petitioner in the departmental proceedings has been investigated upon and the Enquiry Officer has already submitted the enquiry report, but for no just reason even now the final order has not been passed in the disciplinary proceedings.

(3.) IT is made clear that at the time of concluding the disciplinary proceedings, the respondents and in particular the disciplinary authority shall discharge his obligations under Rule 97 of the Bihar Service Code.