MD AZIMULLAH KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) BEING aggrieved by an order of suspension dated 26.7.1996, the petitioner appellant, who claims to be a constable in the Excise Department of the Govt. of Bihar, has filed C.W.J.C. No. 996 of 1997 (R). The writ petition having been dismissed by the learned Single Judge vide judgment dated 31.11.1997, he has filed this appeal under Clause 10 of the Letters Patent challenging the said Judgments.

(2.) THE learned Counsel for the appellant has made three submissions in support of this appeal, namely, (i) the order of impugned suspension has not been passed by a competent authority, inasmuch as it was passed by the Additional Secretary, Excise, Govt. of Bihar, Patna, and not by the appointing authority or the Governor, (ii) no subsistence allowance is being paid to the appellant in accordance with the relevant rules, and (iii) the learned Single Judge while dismissing the writ petition has erred in directing for conclusion of the departmental proceeding against the appellant expeditiously, inasmuch as no such proceeding is pending against him.

(3.) THE appellant was initially suspended vide order dated 29.9.1995 on the ground that he has shown less recovery of wine seized during the raid. Against the said order he filed C.W.J.C. No. 1842 of 1996 (R), which was disposed of on 11.10.1996 directing the respondents therein to conclude the enquiry within four months, falling which the suspension order shall stand revoked after the expirty of the said period. As the enquiry could not be concluded within the period specified by this Court. the order of suspension referred to above stood revoked. In the meantime criminal case has been launched against the appellant and others for which the Govt. has also granted sanction. The appellant was suspended again on 26.7.1996, pending the original case under Secs. 406. 407, 420, 467. 468, 471 and 120 -B of the Indian Penal Code.