SHYAM BIHARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN these two writ applications petitioners have challenged the order as contained in memo no. 7284 (S) dated 21.8.99 and memo no. 7286 (S) dated 21.8.99 issued under the signature of Joint Secretary, Department of Road Construction whereby the petitioners have been put under suspension on the allegations of committing certain irregularities, fraud, misuse of government money and for committing embezzlement of Govt. money and the said order of suspension have been passed in contemplation of departmental proceeding.

(2.) PETITIONER of CWJC No. 2580/99R was posted as Executive Engineer, National High Way Division, Jamshedpur from 16.12.93 to 12.7.95 and on his transfer he handed over the charge of his office to his successor Sri Hareshwar Singh, Executive Engineer, who is petitioner in CWJC No. 2588/99R. Petitioners ' case is that during the period when petitioners were posted as Executive Engineers there was one Public Interest Litigation filed before this Court alleging bad condition of the Nationall High Way and for its immediate construction/repair/improvement. In the said case allegation was that in the Jamshedpur National High Way Raj Kumar Ram Versus State Of Bihar Division the alloted amount for repair of the road was withdrawn but the same was not utilised for that purpose and there had been misappropriation of money. In the counter -affidavit filed by the respondents in that case it was stated that an Enquiry Committee had already been constituted consisting of Superintending Engineer for making an enquiry with regard to the irregularities and for submission of report. It appears that the Committee submitted its report. After submission of the report by the enquiry committee the impugned orders of suspension have been issued putting the petitioners under suspension in contemplation of departmental proceeding.

(3.) ON the other hand Mr. A. Sahay, learned G.A. has drawn my attention to the counter -affidavit filed and the report of the committee (Annexure -3) and submitted that during the year 1995 -96 a sum of Rs. 1,98,82,801/ - was allotted to the National High Way Division, Jamshedpur for renewal work of the roads. Petitioners were posted as Executive Engineer National High Way Division, Jamshedpur during the relevant time. Learned counsel submitted that the Enquiry Committe found various irregularities committed by the petitioners while allotting the work and purchasing the materials and further serious financial irregularities have been committed. On the basis of materials brought against the petitioners they have been put under suspension in contemplation of departmental proceeding. Learned counsel submitted that in such circumstances it is desirable that petitioners should be subjected to the departmental proceeding after keeping them under suspension. Learned counsel relied upon the decision of Supreme Court in the case of "U.P. Rajya Krishi Utpadan Mandi Parishad vs. Sanjiv Ranjan" (1993 Supp -3, SCC -483).