RAJIV RANJAN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) NORMALLY in the cases of suspension, no interference by writ Court is called for, say, in exceptional case where despite suspension ORDER :no departmental enquiry is conducted by the department concerned or even subsistence allowance is not paid. In such cases malafide may be inferred and the writ court will not lag behind for quashing such ORDER :s.

(2.) IN the instant case, the petitioner has been put under suspension by ORDER :dated 21.1.1998 but till date neither the departmental proceeding has been initiated against him nor the subsistence allowance is being paid to him.

(3.) A counter affidavit has also been filed on behalf of the respondents but no explanation has been furnished for such inordinate delay and not paying the subsistence allowance.