JAI KRISHNA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) ON 28.03.2007 vide order contained in Annexure -3 petitioner was put under suspension. The suspension pertains to an earlier decision taken in the year 2000 to initiate a departmental proceeding against the petitioner. The set of charges are annexed and forms part of Annexure -1 to the writ application. The petitioner after service of charge upon him came to file his show cause only in the year 2004. This was so because despite the decision to take action against the petitioner earlier nothing followed thereafter. After filing of the show cause also by the petitioner, the respondents took their time with regard to the departmental enquiry. It seems that matter came to the notice of the highest authority only recently and a decision was taken to expedite the departmental proceeding. It was in that view of the matter that suspension order came to be passed on 28.03.2007. After March, 2007, by virtue of communication dated 24.05.2007 an enquiry officer was also appointed and as informed at the Bar the proceeding is going on.

(3.) A counter affidavit has been filed on behalf of the respondents. In the counter affidavit the State has indicated that there has been procedural delay in proceeding with the departmental enquiry which was initiated in the year 2000. They further submit that delay was also because of bifurcation of the State and the charges which were levelled against the petitioner relates to the period when he was posted in the geographical region which is now situate in State of Jharkhand.