BABAN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Counsel for the petitioner and the State.

(2.) THE petitioner is aggrieved by order of suspension passed on 12.11.2005 as contained in Annexure -3 to the writ application. Counsel for the petitioner has submitted that upon examination of facts, it can be very well deciphered that as a matter of fact, the work entrusted to him was completed and there was no occasion for the Department and the Authorities to file a criminal case which became the basis of his suspension as stated in the impugned order, dated 12.11.2005. Counsel has further submitted that though he has been paid subsistence allowance during the pendency of this writ application, such payment is not in terms of the rules and he is still entitled for payment of some additional amount on the head of subsistence allowance.

(3.) FROM the tenor of the order of suspension, it is clear that the petitioner has been put under suspension on account of pendency of a criminal case against him. It is an admitted fact that such criminal case is still continuing against him inasmuch as the police has submitted charge sheet and thereafter cognizance has also been taken by the Court and the matter is pending before the Trial Court. In such view of the matter, the order of suspension which is solely dependent on the fate of the criminal case can not be interfered with by this Court. Consequently, the prayer of the petitioner for revocation of the order of suspension, dated 12.11.2005 is hereby rejected.