KAPILDEO RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AS both the writ petitions have been preferred by same petitioner, and are based on common facts, they were heard together and are being disposed of by this common judgment.

(2.) THE petitioner who was in the services of the State was proceeded and by an order No. 1670 - 73, dated 16th April, 1997 he was asked to refund the excess amount which he had drawn on account of wrong promotion. In spite of such order he having not refunded the amount for more than three years he was suspended vide an order No. 5158 -60, dated 25th May, 1997. In the first writ petition, W.P. (S) No. 2976 of 2003, the petitioner has challenged the order of suspension No. 5158 -60, dated 25th May, 1997. During the pendency of the said writ petition, the order of suspension was revoked and an Order No. 219, dated 20th March, 2002, followed by Memo No. 287, dated 26th March, 2003 were issued by which, giving reference to the earlier Order No. 1670 -73, dated 26th April, 1994, the respondents directed the petitioner to deposit the rest of the amount of Res. 53,332/ -. After nine years, the petitioner has preferred the second writ petition W.P. (S) No. 3050 of 2003, challenging the Memo No. 1670 -73, dated 6th April, 1994 as also Order No. 219, dated 20th March, 2002, and Order No. 287, dated 26th March, 2003.

(3.) THE writ petitions were heard on merit but no ground was shown to assail the order of suspension. I also find no ground made out to interfere with the order of suspension dated 28th May, 1997. This apart, the order of suspension having been revoked vide Memo No. 309, dated 30th March, 2003, no further order is required to be passed.