KAMTA PRASAD SINGH Vs. RAJENDRA PRASAD SINGH

JUDGEMENT

(1.) Whether the Commissioner of a Division, not being the appointing authority or an authority superior to the appointing authority, is on powered to pass aa interim order of suspension of a Prakhand Vikash Padadhikari belonging to Bihar Agricultural Service Class II is the moot question in these two writ petitions.

(2.) Put very shortly, the essential facts are these. Both the petitioners belong to Bihar Agricultural Service. On subsequent promotion they became members of Bihar Agricultural Service Class II and came to be appointed as Prakhand Vikash Padadhikari in the district of Godda and Prakhand Vikash Padadhikari, Jamtara, in the district of Dumka. The duties of the petitioners required them to do fuller implementation of the development work in agriculture for fulfilment of twenty point programme of the Government.

(3.) Kamta Prasad Singh (petitioner in C. W. S. C. No. 4679 of 1986) was suspended on detection of grave irregularities in discharge of his duties under Rule 49-A of the Civil Services (Classification, Control and Appeal) Rules by the Commissioner, Dumka, whereas Rajendra Prasad Singh (petitioner in C. W. J. C. No. 4711 of 1986) was suspended on similar allegations on the 3rd of October, 1986, by the Commissioner, Dumka. The appointing authority of both the petitioner is admittedly the State Government aad the suspension is in the purported esercise of the powers conferred under Rule 49-A of the Civil Services (Classification, Control and Appeal) Rules, hereinafter to be referred to as "the Rules", read with a letter of the Chief Secretary to the, Government of Bihar bearing No. 2648, dated 28th December, 1985 (Annexures 7 and 4 respectively). Clause 4 of the aforesaid letter of the Chief Secretary conferred power on Divisional Commissioner to place Class II officers under suspension within his jurisdiction after necessary consultation with the divisional level officer of the concerned department. The Commissioner was also empowered to initiate departmental proceesings against such officers against whom there is prima facie, charge of corruption, irregularities, indiscipline and misconduct.