STATE OF BIHAR Vs. SANT LAL CHAUDHARY

JUDGEMENT

(1.) THE appeal suffers from delay of 192 days and for that limitation petition (I.A. No. 4057 of 2008) has been made. Even if we condone the delay for the reasons set out in the application, we find that on merits, it does not deserve to be admitted.

(2.) IT is not in dispute that earlier the petitioner (respondent no. 1 herein) had challenged the order of suspension dated 18.10.2006 and the departmental proceedings by filing the writ petition being CWJC No. 7679 of 2007. The said writ petition came to be disposed of by this court on 31st July, 2007, whereby the departmental proceedings were stayed for one year and observations were made to conclude the criminal trial as early as possible. It was further observed that in case the criminal proceedings were not concluded within one year, the respondents could proceed with the departmental proceedings and conclude it in accordance with law. It appears that the criminal proceedings have not been concluded by this time. However, a fresh order of suspension came to be issued on 4.10.2007. This led to the petitioner again approaching this court by means of writ petition being, in 2008(1) PLJR 349., CWJC No. 15006 of 2007.

(3.) BY order dated 27.11.2007 the Single Judge has quashed the suspension order dated 4.10.2007 and authorities have been directed to reconsider the matter in the light of the order dated 31st July, 2007.