JANARDAN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is a Block Supply Officer and was posted at the relevant time at Raghunathpur Block in the district of Siwan. By order dated 18-4-1989 District Magistrate, Siwan suspended him in anticipation of the Commissione'r approval of suspension. The petitioner has challenged his suspension.

(2.) Learned Government Pleader No. 6 concedes that the petitioner being a Gazetted Officer, the District Magistrate or the Commissioner had no jurisdiction to suspend him. It is, however, contended on behalf of the State that one does not know whether the State Government has approved the suspension or not and, therefore, no final order quashing it be passed. On 28-7-1989, we had adjourned the matter for the State Counsel to seek instruction in the mater. No instruction has been sent to learned Government Pleader No. 6 uptill now. In that situation, we do not consider it appropriate to keep the matter pending. We, therefore, dispose of this application finally in the following terms :

(3.) The suspension of the petitioner is hereby quashed. If, however, the State Government has already taken a decision to approve his suspension this order passed by us quashing the suspension shall be non est. The order of the State Government approving the suspension shall remain operative. We only wish to make it clear that it is always open to the State Government to suspend an officer in accordance with law. This Court does not stand in the way of suspension of the petitioner, if the State Government so desires.