STATE OF BIHAR Vs. ARVIND VIJAY BILUNG

JUDGEMENT

(1.) THE Court 2001 (3) JCR 155) whereby the learned Single Judge by holding and declar -ing that the State of Bihar has no jurisdiction to take disciplinary action against the respondent -writ petitioners, has quashed and set aside the impugned order of suspension passed by the Government of Bihar, but by giving liberty to the State of Jharkhand to pass any appropriate order in accordance with law. if it so chooses.

(2.) THE facts of the case lie in a very narrow compass. Both the respondent - petitioners after 15.11.2000 were admittedly posted in the territories which, from that date, form a part of the State of Jharkhand. Even though they were serving in such territories forming part of the State of Jharkhand, the State of Bihar passed order dated 20.5.2001 (In CWJC No. 2202 of 2001) and order dated 5.5.2001 (in WP(s) No. 2692 of 2001) whereby the writ petitioner - respondents in the aforesaid two writ petitions were suspended by the State of Bihar in contemplation of the initiation of departmental proceedings against them. On the ground of lack of jurisdiction and competency, the two writ petitioners challenged the aforesaid suspension orders passed by the State of Bihar in the aforesaid writ application and, as noticed at the very outset, the learned Single Judge, while allowing the writ applications and holding that the State of Bihar had no jurisdiction to pass such an order or to initiate the departmental proceedings, set aside and quashed the impugned suspension orders.

(3.) PART -VIII of the Act deals with matters relating to Services. Section 71 contains provisions regarding the All India Services with which we are not concerned in this Case. Admittedly, both the writ petitioners do not belong to any All India Service. In this case, we are concerned with Sections 72 and 74 of the Act. These two Sections read thus :