SUDHAKAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Shekhar Singh learned counsel for the petitioner and Mr. Chandra Shekhar Singh A.C. to G.A.10 for the State.

(2.) The petitioner prays for issuance of writ in the nature of certiorari for quashing the notification bearing Memo No.1258 dated 10.6.2016 whereby the petitioner has been put under suspension in exercise of powers vested under Rule 9(1)(c) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as 'the Rules'). The petitioner has also questioned the show cause notice bearing No.1385 dated 26.6.2016 of the Joint Secretary, Sugarcane Industries Department impugned at Annexure-11 whereby the Joint Secretary purportedly while issuing a disagreement note, has put the petitioner on notice requiring his reply within 15 days of the date of issuance thereof.

(3.) Mr. Shekhar Singh learned counsel for the petitioner has made reference to an enquiry report which was submitted following the initiation of enquiry against the petitioner on alleged charge of demand of bribe. While the resolution at Annexure-2 initiates a proceedings against the petitioner, Annexure-3 is the enquiry report so submitted by the Enquiry Officer-cum-Joint Director, Sugarcane Department whereby the petitioner has been exonerated of the charges. A decision was taken at the level of the department, to await the deposal of the criminal case instituted against the petitioner, in view of the enquiry report submitted, as manifest from Annexure-4 which is stated to be the noting of the Principal Secretary on 5.8.2010. Nothing happened thereafter for four years until vide notification bearing No.322 dated 7.2.2014, the complete copy of which is enclosed at Annexure-12, the petitioner was put under suspension under Rule 9(1)(c) of 'the Rules'. The suspension order also followed a resolution dated 25.2014 whereby proceedings were initiated against the petitioner, a copy of which is enclosed at Annexure-6. The petitioner questioned the order of suspension as well as the resolution dated 25.2014 in C.W.J.C.No.9369 of 2014 and vide order passed on 29.5.2014 a bench of this Court stayed the departmental proceedings. The matter was finally heard on 7.1.2015 and the order of suspension dated 7.2.2014 together with the resolution dated 25.2014, a copy of which are enclosed at Annexure-12 and Annexure-6 to the writ petition herein, were quashed and set aside by a coordinate bench of this Court, reserving liberty to the respondent to pass afresh order in accordance with law. A copy of the judgment and order of this court is enclosed at Annexure-8 to the writ petition.