HARI NARAYAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this case, one of the questions arises as to who amongst the successor State of Bihar and State of Jharkhand is to accept the petitioner 's joining, the order of suspension having been set aside? Apart from this, the following question has been referred to the Division Bench : -

(2.) THE facts in this case are not in dispute. The services of the petitioner was placed on deputation by posting order No. 1206/97, dated 12 - 6 -1997 in the Police District of Dhanbad by the State of Bihar prior to the re -organization of the State. The petitioner was discharging his duties as Sub -Inspector. Rail District. Crime Branch. Dhanbad when the Bihar Reorganization Act, 2000 (hereinafter referred to as the 'Reorganization Act ') came into force. The petitioner continued to receive his salary from the State of Bihar for several months even after 15th November, 2002 when the Reorganization Act came into force. The petitioner was suspended by order dated 26 -5 -2001 issued by Superintendent of Police (Crime), Crime and Investigation Department, Bihar, Patna w.e.f. 1 -2 -2001 and he was directed to report to the said department at Old Secretariat Patna.

(3.) AFTER the court's order, the petitioner reported to the authorities at Jharkhand, but his joining having not been accepted by State of Jharkhand, the present writ petition was preferred for acceptance of his joining in the State of Jharkhand.