GORAKH NATH RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been preferred by petitioner, who appears in person. Though it is a contempt petition but in the first paragraph, it is pleaded that the petitioner is desirous of issuance of an appropriate writ like mandamus and the certiorari against the respondents.

(2.) IT may be mentioned that the petitioner is a Commercial Tax Officer of State of Bihar. While he was posted as Assistant Treasury Officer, Madhepura, was suspended by the State of Bihar vide Notification No. 1359 dated 12th July, 1999 in contemplation of a departmental proceeding. Subsequently, a departmental proceeding was initiated but final order having not passed, petitioner moved before this Court in CWJC No. 1605 of 2001 and challenged the order of suspension. In the said case, it was not made clear whether the service of petitioner was placed within the territory of Jharkhand/State of Jharkhand or not. A Bench of this Court vide order dated 24th April, 2001 while did not choose to interfere with the order of suspension and the departmental proceeding, in the interest of justice allowed the petitioner to produce the copy of the Courts order before the Commissioner -cum -Secretary, Commercial Taxes Department. It was made clear that if the service of the petitioner has been placed provisionally under the State of Jharkhand, he will produce a copy of the Courts order before the Commissioner -cum -Secretary, Commercial Taxes Department, Government of Jharkhand, Ranchi. On the other hand, if his service has been placed under the State of Bihar, he will produce a copy of the Courts order before the Commissioner -cum -Secretary, Commercial Taxes, Government of Bihar, Patna. The concerned Officer was directed to ensure that the departmental proceeding is completed within four months from the date of production of the Courts order and if no final order is passed in the departmental proceeding within the aforesaid period, the order of suspension shall stand revoked.

(3.) THE petitioner further informed that the respondents wanted to kill him by starvation which is a criminal act punishable under Section 307 of IPC. He has requested the Court to issue a warrant of arrest on the State officials and to set aside the punishment order dated 25th August, 2001.