SANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has challenged the order of suspension issued vide memo no. 2195, dated 29.3.2007 by the Director, Department of Welfare, Government of Bihar.

(2.) THE petitioner had earlier challenged the impugned order by filing a writ petition numbered as CWJC No. 4522 of 2007. This court while disposing of the writ petition on 18.5.2007 had observed as follows: "It is only hoped and expected that the petitioner once having been placed under suspension will not be allowed to stay in that situation for long period of time. The departmental enquiry in this background is order of the day and it is hoped and expected that the respondents shall take steps for framing the charge, initiate a departmental enquiry in terms of Annexure -6 and conclude the same preferably within a period of four months from the date of communication or production of a copy of this order. The status of the petitioner under suspension shall be decided after submission of the enquiry report and depending upon the culpability if any which may emerge in the report. This period of four months has been fixed with this object that the petitioner shall not in any manner try to delay the proceeding unnecessarily and he does not remain under suspension for a long period. It is hoped and expected that he shall render full co - operation in the matter." The departmental proceeding has not been disposed of and as such the petitioner has challenged the suspension order on two grounds.

(3.) THE first submission of the petitioner is that the charges which were served on the petitioner show that the Director, Department of Welfare has a prejudice towards the petitioner. Referring to Annexure A/F which is memo of charges annexed to the counter affidavit it has been submitted that the first charge against the petitioner relates to a departmental proceeding by which the petitioner had been awarded minor punishment. The charge framed as charge no. 1 reads as follows: "SAB TABAH KARNE KE UDDESHYA SE TRUTIPURNA SWIKIRITYADESH TAIYAR KARNA, KARTAVYA KE PRATI LAPARWAHI B A R ATN A TAT H A SARKARI PA R I PATRON/AN UDES HON Kl AWAHELNA KARNA."