RAMESH CHANDRA SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the parties and with their consent this writ application is being disposed of at this stage itself.

(2.) The petitioner being an employee of MADA was put under suspension with effect from 16.1.1996 and a departmental proceeding was initiated against him for certain charges. Since the departmental proceeding continued for quite a long period, the petitioner approached this Court by filing a writ petition and on being unsuccessful in the writ petition filed Letters patent appeal, which was disposed of on 10.11.1997 by order as contained in Annexure-3 directing the respondents to conclude the departmental proceeding within a time frame, failing which suspension was to be revoked automatically. Since the departmental proceeding did not conclude, the petitioner again moved this Court again in C.W.J.C.No. 1838 of 2000 (R), which was disposed of by order dated 5.7.2000 contained in Annexure-5, whereby it was directed to conclude the departmental proceeding within a period of two months, failing which departmental proceeding deemed to be quashed automatically. Since even thereafter the departmental proceeding was not concluded and, as such, it stood automatically quashed.

(3.) It appears that the respondents took 6 years time for issuing Annexure-6 dated 3.7.2008, to the effect that the period of suspension spent by the petitioner would be counted towards his duty.