BIJENDRA KUMAR Vs. D.K. TEWARI, CHIEF SECRETORY

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the O.P. State.

(2.) This application has been filed alleging willful non-compliance of order dated 10.07.2018 passed by this court in WP(S) No.3667 of 2014.

(3.) Though these petitioners are accused in infamous fodder Scam case in R.C. 48-A/96 PAT, which is presently undergoing trial in the Court of learned Special Judge of C.B.I. (Fodder Scam), Ranchi, the petitioners are admittedly continuing under suspension from the year 2002 itself, on the same ground. They challenged the suspension order in this Court in W.P.(S) No.3667 of 2014 and by order dated 26.6.2019, a status report was called for from the Trial Court below, which showed that the number of charge-sheet witnesses in the case were 1035, out of which, witnesses examined till date were only 594. This Court was of the view that in spite of span of 17 years, most of the witnesses could not be examined and there was no likelihood of conclusion of trial in the near future, which may give rise to a situation, in which some of the petitioners might superannuate during the pendency of the trial in the stage of suspension itself. This Court also took the view that though Rule 49A of Civil Services (C.C. and A.) Rules, provides for keeping a Government servant under suspension, during the investigation, inquiry or trial of the criminal case, but the fact remained that the petitioners had remained under suspension for more than 17 years, which by all stretch of imagination was unduly a very long period of suspension. In the backdrop of these facts, the writ application was disposed of by order dated 10.7.2019 giving the following direction:-