SANJEEVA KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned senior counsel appearing for the petitioner submitted that the petitioner was posted as Executive Engineer of the Building Construction Department at Jamtara and he is under suspension with effect from 2 nd December, 2009 and still the inquiry against him is not completed nor even the subsistence allowance has been paid, therefore, let the suspension be revoked by this Court and, thereafter, let the inquiry be go ahead. It is further submitted by learned senior counsel appearing for the petitioner that the petitioner is not, at all, liable for the charges, levelled against him. In fact, the longitude and latitude given by the present petitioner for helipad, in question, was absolutely true and correct and, therefore, the charge no. 1, levelled against the present petitioner, is devoid of any merits.

(2.) I have heard learned counsel appearing for the respondents, who has submitted that the charge sheet has already been issued to the present petitioner in February 2010 and it is submitted by learned counsel appearing for the respondents upon instruction from the Secretary of the concerned department that the inquiry will be completed within a period of four weeks and the subsistence allowance, which is not paid so far, will be paid within a period of ten days from today.

(3.) In view of the aforesaid submissions and looking to the nature of charges, I am not inclined to revoke the suspension of the present petitioner especially when the respondents have already made statement upon instruction from the Secretary of the concerned department that the inquiry will be completed within a period of four weeks and the subsistence allowance will be paid within ten days from today. Looking to the charges levelled against the present petitioner, it appears that there are serious charges against him and at this stage there is no need to prejudge the whole issue in this writ petition whether the petitioner has committed any misconduct or not. In view of the aforesaid submissions, I hereby direct the respondent-State to make the payment of subsistence allowance, which is accumulated so far and for regular payment. The accumulated amount will be paid within a period of ten days from today and regular subsistence allowance will be paid at the end of every english calendar month. So far as the inquiry against the present petitioner is concerned, I hereby direct the State of Jharkhand to complete the inquiry against the present petitioner within a period of four weeks from the date of receipt of a copy of the order of this Court. It is submitted by both the counsels that they shall cooperate the hearing before the inquiry officer and the inquiry officer is also directed to not grant any unnecessary adjournment so that within the aforesaid time limit, the inquiry can be completed.