VINOD KUMAR Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Initially petitioner was placed under suspension vide order dated 15.07.2015 bearing memo no. 6910 issued by the Department of Personnel, Administrative Reforms & Rajbhasha, Government of Jharkhand on his arrest in connection with a Vigilance P. S. Case No. 34 of 2014 while he was posted as District Transport Officer, Hazaribagh (Jharkhand Administrative Service). The instant order was passed under the provisions of Rule 49 (A)(2)(a) of the Civil Services (Classification, Control and Appeal), Rule, 1930 with effect from 26.03.2015 i.e. the day on which he was taken in custody. Petitioner was released from custody on 18.06.2015, however by another impugned order bearing no. 6915 dated 31.07.2015 passed in exercise of power under Rule 49 (A)(1)(a) & (b) of 1930 Rules, the respondent-Department continued his suspension from the date of his release till further orders. Petitioner would be paid subsistence allowance with his headquarters at the office of Divisional Commissioner, North Chhotanagpur Division, Hazaribagh.

(3.) The impugned orders of suspension have been assailed by the petitioner mainly on the ground that no departmental proceeding has been initiated against him till date though suspension has continued for more than 90 days. Example of few persons have been cited such as one Sanjay Kumar of the Jharkhand Administrative Service, the then Block Development Officer, Bishrampur, Palamau and one Vinod Kumar Jha also from the same service in the capacity of then Deputy Secretary, Water Resources Department, who were also implicated in vigilance case on grounds of taking bribe but were released from suspension after they were out of judicial custody on being granted bail. Orders of revocation of suspension in the case of these two persons are enclosed as Annexure-4 series dated 04.04.2014 and 21.04.2014 issued by the same Department of Personnel, Administrative Reforms & Rajbhasha, Government of Jharkhand.