LAL MOHAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The challenge in the present Letters Patent Appeal is to an order passed by the learned single Bench of this Court on 30th of June, 2016 in C.W.J.C. No.6965 of 2016 whereby, the Court has not interfered with the order for suspension on the ground that the appellant is suspended on account of pending criminal trial.

(3.) The argument of the learned counsel for the appellant is that in terms of Rule-9(3) of Bihar Government Servants (Classification, Control and Appeal) Rules, 2005, the appellant could be suspended by passing separate order, but only after acceptance of joining. Such argument is based on the fact that it was on 21st of April, 2015 the appellant was arrested in a criminal case and was admitted to bail on 7th of May, 2015. The appellant is said to have submitted joining on 8thh of May, 2015. But later, a separate order of suspension was passed on 26th May, 2015.