SUSHIL MARANDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner was in service in the undivided State of Bihar. He was suspended from service. The matter was referred to the C.B.I. which recommended a departmental action against the petitioner. However, before any charge -sheet was issued to the petitioner, consequent upon bifurcation of the State of Bihar, the petitioner's services was allotted to the Jharkhand cadre and the petitioner was transferred and posted in Dumka, but he remained under suspension. The Bihar Government sent a letter to the Jharkhand Government for appropriate action with regard to the contemplated departmental proceedings against the petitioner.

(2.) THE grievance of the petitioner is that he has remained under suspension for substantially long period of time and the Jharkhand Government has not taken any decision so far although the petitioner has come to this State in the year 2006. A letter (Annexure -5) was issued to the petitioner by the Jharkhand Government asking the petitioner to give his defence. The letter by itself does not appear to be correct and legal on the part of the State of Jharkhand, because defence can only be given to certain allegations or charges. At this stage the first decision to be taken by the Jharkhand Government is, whether it wishes or does not wish, after considering the entirety of facts and circumstances, to initiate departmental proceedings against the petitioner. If the Jharkhand Government decides not to initiate departmental proceedings then it should reinstate the petitioner with all consequential benefits. If the Jharkhand Government decides to initiate departmental proceedings, then such decision must be taken within two months from the date on which certified copy of this order is presented before the Health Secretary of the Government of Jharkhand.

(3.) IT is further directed that if departmental proceedings are initiated and the suspension of the petitioner is continued, the petitioner will be paid all arrears of subsistence allowance admissible under the rules within two months of the date on which it is decided to initiate departmental proceedings and thereafter the subsistence allowance will be paid regularly from month to month till the conclusion of the departmental proceedings. With the aforesaid directions, this writ petition is finally disposed of.