MD.SARWARE ISLAM S/O LATE HAJI ABDUL WAHID, R/O MOHALLA-ALI Vs. B.N.MANDAL UNIVERSITY, MADHEPURA, THROUGH ITS REGISTRAR, AT+PS+DISTT.-MADHEPURA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for B.N. Mandal University.

(2.) BY the impugned order dated 24.7.2003 petitioner was again placed under suspension after his release from jaii on account of a case under the Arms Act. The order mentions that petitioner 'ssuspension will be till conclusion of the criminal case against him and petitioner will be paid subsistence allowanced during the period of suspension. The decision in respect of his full pay shall be taken after the conclusion of the criminal case. Petitioner has challenged the continued suspension on the ground that the disposal of the criminal trial may take long time and petitioner has already remained under suspension pursuant to impugned order for more than five years.

(3.) LEARNED counsel for the petitioner has placed before this Court some judgments of this Court as reported in the case of Ajay Kumar Jha vs. State of Bihar, 2000(1) PLJR 227 and in the case of Jitendra Kumar vs. State of Bihar, 2005(3) PLJR 350 to submit that continued suspension for a long period even on account of pendency of a ' criminal case has not been favoured by this Court and in the case of Ajay Kumar Jha, this Court made a distinction between a criminal case wholly unconnected with the performance of duties by a Government Servant and a criminal case relating to performance of duties.