SIDHESHWAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application, the petitioner has prayed for quashing the order dated 9th December, 2005, whereby the petitioner has been put under suspension.

(2.) IT has been stated that more than one year has passed, but no memo of charge has been handed over to the petitioner and no departmental proceeding has been initiated as yet. Subsistence allowance has also not been paid to the petitioner till date. The petitioner has to retire on 31st January, 2007. If the suspension order is not revoked, the petitioner will have to face difficulty in getting his retiral benefits. It has been stated that the petitioner made several requests and filed representation before the Secretary, Department of Health and Family Welfare. Government of Jharkhand, Ranchi, but no order has been passed on his representation as well.

(3.) CONSIDERING the said submissions, this writ application is disposed of directing the Secretary, Department of Health and Family Welfare, Government of Jharkhand, Ranchi. Respondent No.2, to pay the arrears of subsistence allowance by 15th January, 2007 to the petitioner, if not already paid, and further to dispose of the petitioner's represeniation by 15th January, 2007 in accordance with law. If the memo of charge is not served on the petitioner and no order is passed by the concerned authority by the aforesaid date, the petitioner's suspension shall stand revoked with effect from 30th January, 2007.