SHASHI BHUSHAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Sri Binod Kumar Kanth, Senior Advocate for the petitioners and Sri S.R. Ahmad for the State.

(2.) PETITIONERS in the four writ applications were earlier serving as Executive Engineer, Assistant Engineer and Junior Engineer in the Road Construction Division, Dehri. They have filed these writ petitions assailing the order bearing Memo Nos. 9314(S), 9316(S), 9317(S) and 9318(S) dated 15.12.2005, Annexure -1, whereunder in consideration of the report of the Cabinet Vigilance Department, bearing letter No. 3869 dated 25.10.2005, Annexure -9 submitted in regard to the irregularities committed in repair/laying of the Sasaram Chausa Road, they have been placed under suspension in terms of the provisions contained in Rule 9 of the Bihar Government Servant (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as the Rules). They assail the said order on the ground that the Road Construction Department without appreciating the contents of the report dated 25.10.2005, Annexure -9 as also without applying its own mind to the findings recorded thereunder has proceeded to place the petitioners under suspension without even appreciating that no charge as alleged in that report is made out from bare perusal of the report as also the receipts appended to the writ petitions.

(3.) BESIDES the aforesaid submission, learned counsel with reference to sub -clause (7) of Rule 9 of the Rules has submitted that till date the charge -sheet has not been served on the petitioners and if the same is not served within three months from the date of issue of the suspension order i.e. 15.12.2005 and the suspension is not renewed within the aforesaid period then the suspension of the petitioners shall automatically be revoked.