JAI SHANKAR RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) COUNSEL for the petitioner and the counsel for the State is present.

(2.) PETITIONER in this writ application, has prayed for quashing the Memo No. 1180 dated 8.5.2008 (Annexure -1) whereby the respondent has served charge -sheet on the petitioner and initiated Departmental Proceeding against him under Rule 12 of the Bihar and Orissa (Subordinate Services) Conduct and Appeal Rules 1935 and has appointed the respondent no. 3 as the Presenting Officer and also Inquiry Officer, this, according to the petitioner, is in total violation of settled principles of law that a person cannot be a Judge for his own cause. A further prayer is for a direction to the respondents to pay arrears of salary to the petitioner for the period of his suspension.

(3.) COUNSEL for the State though has not filed any counter -affidavit, but submits that considering the facts and circumstances pleaded by the petitioner, direction can be issued to the respondent no. 2 to either conduct the Departmental Proceedings against the petitioner himself or to appoint any other competent person.