GHANASHYAM TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE common question arises in these writ petition(s) is as to whether the petitioner(s), whose parent department is Road Construction Department, can be put under suspension by the authority of Rural Development Department, Government of Jharkhand.

(2.) IDENTICAL relief(s) have been sought by the writ petitioner(s) for quashing their suspension order and for a direction to pay subsistence allowance during the period of suspension.

(3.) WRIT petitioner of W.P.(S) No. 824 of 2007 was appointed as Junior Engineer by notification dated 21st February, 1983 in Public Works Department, now Road Construction Department. He was sent on deputation in Rural, Engineering Organisation Department in the year 1987. In course of the deputation, the petitioner suddenly received the order of suspension by Notification No. 4562 dated 3rd July, 2006 issued under the signature of Deputy Secretary, Rural Development Department, Government of Jharkhand, (Annexure -3) alleging irregularity and illegality on the part of the petitioner in the construction work and initiation of departmental proceeding against him. The petitioner has alleged that since after his suspension, subsistence allowance has not been paid to him.