YOGENDRA KUMAR JAISWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY the impugned order dated 24.10.2007 contained in Annexure -30, the petitioner has been placed under suspension by the order of the State Government in the Department of Health on account of a communication from Vigilance Department, Bihar disclosing that petitioner, Incharge State Drugs Controller, Bihar, Patna had been made an accused in a case under the provisions of Prevention of Corruption Act, 1988 on the allegation that he had amassed property beyond his known sources of income. The said criminal case has been instituted as Special Vigilance PS Case No. 003/2007 dated 11.10.2007 and is under investigation. Petitioner has been suspended under Rule 9(1)(c) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as 'the Rules '). Petitioner is to receive subsistence allowance under Rule 96 of the Bihar Service Code. The impugned order discloses that a separate resolution for disciplinary proceeding will be issued.

(2.) PETITIONER has annexed documents and papers with a view to assail the lodging of a criminal case against him by the Vigilance but it is not possible to go into such matters at the present stage when the criminal case is pending for investigation. The main submission advanced by learned senior counsel is that since the investigation of the criminal case has not concluded and no charge -sheet has been filed by the investigating agency within three months from the date of issue of suspension order, the suspension order was required to be revoked as per provisions of Rule 9(7) of the Rules unless the authority which issued the suspension order i.e. the State Government passes another order renewing the suspension alongwith reasons in writing for the delay in framing of charge -sheet, for a further period of only four months. But after the expiry of extended period of four months, the suspension order has to be revoked on the ground that the charge - sheet was not framed. On a plain reading of Rule 9(1), it is found that the competent authority may place a Government servant under suspension in three situations: (1) when the disciplinary proceeding against the Government servant is contemplated or is pending, or (2) when in the opinion of the authority the Government servant is engaged in activities prejudicial to the interest of the security of the State, or (3) when a case against the Government servant in respect of any criminal offence is under investigation, inquiry or trial and the competent authority is satisfied that it is expedient to suspend the Government servant in public interest. For appreciating the submissions of the parties, sub -rule (7) of Rule 9 of the Rule needs to be quoted: - "(7) Charge -sheet must be framed within three months from the date of issue of suspension order failing which on expiry of three months, the suspension order shall be revoked unless the authority, which issued the suspension order, passes the order renewing the suspension alongwith reasons to be recorded in writing for the delay in framing of charge -sheet for a further period of four months: Provided that after the expiry of extended period of four months the suspension order shall stand revoked if the charge -sheet is not framed."

(3.) ACCORDING to Mr. Ganesh Prasad Singh, learned senior counsel appearing for the petitioner, the expression framing of charge -sheet appearing in sub -rule (7) quoted above, would cover suspension under Ruie 9(1)(a) on account of contemplated or pending disciplinary proceeding as well as suspension under Rule 9(1)(c) on account of pendency of a criminal case under investigation or inquiry. It has been submitted that if the charge -sheet is not framed in the pending or contemplated departmental proceeding or if the charge -sheet is not submitted or filed in a criminal case pending at the stage of investigation or inquiry within the time stipulated under sub -rule (7) of Rule 9, in both the situations the order of suspension shall stand revoked either on expiry of three months or if the suspension order is renewed then after a further period of four months.