LAWS(JHAR)-2012-5-167

RAM NIVASH PRASAD SINGH Vs. STATE OF JHARKHAND

Decided On May 16, 2012
Ram Nivash Prasad Singh Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THIS writ application has been filed for quashing Notification No. 2806 dated 9.4.2008 (Annexure -8), whereby petitioner has been suspended on the allegation that he committed various irregularities in the appointment of Aaganbari Sevika and Sahayika.

(2.) SRI Sameer Saurabh, learned counsel for the petitioner submits that there is nothing in the impugned order to show that the petitioner was suspended either in contemplation of departmental proceeding or during the pendency of the departmental proceeding, nor there is anything to show that any criminal case is pending against the petitioner. Thus, it appears that the petitioner has been suspended by way of punishment. Accordingly, it is submitted that impugned order cannot be sustained because petitioner has not been given any opportunity of hearing.

(3.) HAVING heard the submission, I have gone through the record of the case. From perusal of Annexure -A/3, it appears that the State Government took decision to suspend the petitioner in contemplation of a departmental proceeding on the allegation that petitioner has committed various irregularities in the appointment of Aaganbari Sevika and Sahayika.