GOVIND PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present writ application the petitioner has prayed for quashing of the order passed on Ist November, 1994, vide Annexure-9, whereby he has been placed under suspension for the second time on the same ground.

(2.) Mr. Sudhir Kumar Katriar, learned Counsel appearing for the petitioner, has contended that earlier also the petitioner was placed under suspension by order dated 5th June, 1991, as contained in Annexure-4, on account of the pendency of Vigilance Case No. 2/91 against him. The said order of suspension was revoked on 8th January. 1993 by an order passed by the Government, as contained in Annexure 7. Thereafter the impugned order of suspension has been passed on the same ground on which the petitioner was placed under suspension on 5.6.1991.

(3.) A counter-affidavit on behalf of the respondents has been filed in which it is stated that earlier the petitioner was placed under suspension on institution of the vigilance case against him. In paragraph 8 of the said counter-affidavit it is submitted that after the receipt of Memo No. 002 dated 12.9.1994 from the Inspector General of Police-cum-Special Secretary, Cabinet (Vigilance) Department indicating that there was sufficient material implicating the petitioner in the vigilance case and further seeking necessary sanction for prosecution of the petitioner, the petitioner was placed under suspension on Ist November, 1994, vide impugned order.