BINDA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) PETITIONER , who is a Deputy Collector and at the relevant time was posted as Block Development Officer, Bihta, has filed this writ application questioning the correctness and validity of the order bearing Memo No. 6215 dated 12th July, 2005, Annexure -4, whereunder, he has been placed under suspension by resorting to the powers contained in Rule 49A(1)(b) of the Civil Services (Classification, Control and Appeal) Rules, 1930 (hereinafter referred to as the "Rules") fixing his headquarters in the office of the Divisional Commissioner, Patna.

(3.) THE aforesaid submission of learned counsel for the petitioner is being refuted by the learned State counsel with reference to Rule 100 of the Code. In this connection, learned State counsel has further submitted that the earlier suspension of the petitioner under order dated 28.2.2002, Annexure -1 was in terms of the provisions contained in Rule 99 of the Code and no sooner the petitioner was released on bail in the aforesaid Bihta P.S. Case No. 12 of 2002 on 8.2.2005 the suspension order issued in terms of Rule 99 of the Code stood revoked and the order bearing Memo No. 6091 dated 8th July, 2005, Annexure -3 is only a formal recognition of the fact that petitioner having been released from jail custody and the earlier suspension order dated 28.2.2002, Annexure -1 issued under Rule 99 of the Code has lost its effect and in recognition of the said fact the order dated 8th July, 2005, Annexure -3 revoking the earlier suspension order has been issued.