RAMESH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application has been field for quashing the order as contained in Memo No.580(4) dated 30.12.2009 whereby the petitioner has been put under suspension on an accusation that he was caught red handed on25.11.2008 while accepting bribe of Rs.10,000/-.

(2.) Learned counsel appearing for the petitioner submits that for the same charge as well as for some other charges the petitioner had earlier been suspended and was proceeded with a departmental proceeding.. In that proceeding, the Department though led evidences but failed to prove charges. Therefore, the enquiry officer by exonerating the petitioner from all the charges including the charge under which the petitioner has presently been suspended, submitted its report. On submission of the enquiry report, when no decision was taken by the disciplinary authority, the petitioner did move to this Court, vide W.P. (S) No.2497 of 2009 and the writ petition was disposed of directing the authority to take final decision in the matter. Pursuant to that, the disciplinary authority dropped the proceeding and revoked the suspension of the petitioner vide its order as contained in Memo No.597(4) dated 30.12.2009 (Annexure 6). But on the same day, by another order as contained in Memo No.580(4) dated 30.12.2009, (Annexure7) the petitioner was put under suspension for the same charge of being caught red handed while receiving bribe of Rs.10,000/- which is quite illegal as the petitioner had already been exonerated from the said charge in the departmental proceeding and as such, the said order as contained in Annexure 7 is fit to be set aside.

(3.) A counter affidavit has been filed wherein it has been stated that for the same charge, a criminal case is pending and therefore, the petitioner has been put under suspension.