SUNIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Tej Bahadur Singh, learned counsel appearing on behalf of the petitioner and the State.

(2.) THE petitioner has challenged the order of suspension issued on 11.5.2007 under the Bihar Government Servants Classification, Control & Appeal Rules, 2005 ( 'the Rules ' hereinafter). The facts of the case are that a departmental proceeding was initiated against the petitioner on 12.7.2002. Charges were framed on 10.6.2007 vide Annexure 3 to the writ petition. There were seven charges for which the petitioner was to face the departmental proceeding. An enquiry was held and finally after the enquiry Annexure 4, dated 19.4.2005 was issued by the Chief Engineer, South Circle, Building Construction Department by which the petitioner was exonerated from the charges leveled against him. Surprisingly after the letter exonerating the petitioner, the same Chief Engineer cancelled Annexure 4 vide Annexure 5, dated 30.6.2005: The order was challenged by the petitioner in a writ petition being CWJC No. 8229 of 2005. During the pendency of the writ petition a departmental proceeding was initiated under Rule 55 of the Bihar & Orissa Civil Services Disciplinary & Appeal Rules, 1935. The petitioner challenged the order of initiation of the departmental proceeding vide I.A. No. 128/2007 and this court stayed the initiation of the departmental proceeding vide the order passed on 29.1.2007.

(3.) IT appears that someone addressed a letter to the Dist. Magistrate leveling certain allegations against the petitioner regarding the manner of his appointment and as a result of this complaint the salary of the petitioner was stopped. The petitioner thereafter vide Annexure -7 filed a representation before the Collector explaining that the matter of his appointment and also explained that the subsequent enquiry and charges that were framed had been stayed by this Court. In the said representation, he also referred to letter no. 395 dated 12.1.2007 which had been sent by the Collector to the Superintending Engineer of Bihar Building Construction Department. The reference of letter no. 395 dated 12.1.2007 displeased the Collector and the actions which followed due to this displeasure are now the subject matter of this writ petition.