UMA SHANKAR MALVIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioner has inter alia, prayed for quashing letter dated 26.02.2014 whereby an order has been issued by the Principal Secretary, Road Construction Department to suspend the present petitioner in terms of Rule 3 (a) of the Civil Services Classification Rules.

(2.) Learned senior counsel for the petitioner submitted that a criminal case being R.C. Case No. 5 (A)/2010 was initiated against the petitioner, in which, petitioner went to custody on 13.03.2012, as a consequence thereof the petitioner was suspended vide order dated 20.04.201 After the arrest of the petitioner, he approached the competent Court for grant of bail, which was granted vide order dated 21.05.2012 and thereafter he approached the respondents-authorities for revocation of his suspension, on the ground that the similarly situated co-accused who was also taken into custody and released on bail, his suspension have been revoked. It has been submitted that thereafter the suspension of the petitioner was revoked vide order dated 28.12013. Learned senior counsel for the petitioner further submitted that after the aforesaid revocation, the petitioner carried out the work so entrusted to him, but, out of the blue a letter dated 25.02014 was issued by the Principal Secretary, Road Construction Department to Executive Engineer, Road Construction Department to suspend the present petitioner. It has been submitted that in compliance thereof the petitioner was suspended vide order dated 26.02014 in contemplation of a departmental proceeding, but, till date, no departmental proceeding has been initiated against the petitioner.

(3.) Learned senior counsel for the petitioner submitted with vehemence that suspension even in contemplation of departmental proceeding cannot go for a indefinite period and it has time and again been deprecated by Honourable Apex Court. In support of his submission, learned senior counsel for the petitioner referred to the decision rendered in the case of K. Sukhendar Reddy Vs. State of A.P. & Anr as reported in (1999) 6 SCC 257 and further in the case of Ajay Kumar Choudhary Vs. Union of India through its Secretary & Anr as reported in (2015) 7 SCC 291.