RANJIT KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has challenged the Order No. 4/Nigrani/ 378/2001 dated 17th September, 2001 issued by the Registrar. Cooperative Society, Jharkhand, Ranchi, whereby and where -under, he was placed under suspension, he having taken in custody on 4th September, 2001, in connection with G.R. Case No. 768/ 2000. The effect of the order of suspension given from retrospective date when the petitioner was taken in custody.

(2.) THE case of the petitioner is that he having suspended as per Rule 99 of the Bihar Service Code having taken in custody, after his release from jail custody, in absence of any order of suspension, under Rule 100 of the Bihar Service Code, the Respondents cannot force the petitioner to continue under suspension.

(3.) THE respondents in their counter affidavit though alleged defalcation of certain amount by petitioner, pleaded that the petitioner gave joining on 16th January, 2003 after a lapse of one year, therefore, the departmental proceeding was initiated against him. Charge stated to have already been framed which they intend to serve on the petitioner very shortly.