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1999 DIGILAW 1102 (PAT)

Ajay Kumar Jha v. State Of Bihar

1999-10-13

B.P.SINGH

body1999
Judgment 1. Heard Counsel for the parties. 2. The petitioner is a clerk in the office of the Sub-divisional Education Office, Munger. He has been suspended by the impugned order dated, 3.4.1998. 3. It appears from the facts of the case that an occurrence took place on 6.12.1994 in which it was alleged that the petitioner assaulted a person and snatched a watch from him. On the, basis of the First Information Report a case was registered but the petitioner was thereafter released on bail. It appears that no action was taken for almost three years and four months. Thereafter on 3.4.1998 the petitioner was placed under suspension under Rule 100 of the Bihar Service Code. Admittedly, the criminal case relates to an offence under sections 323 and 380 of the Indian Penal Code and is wholly unconnected with the discharge of duties by the petitioner. In fact, when the matter was earlier reported no action was taken by the Sub-divisional Officer in the office of the Regional Deputy Director of Education. Suddenly after three years and four months the Director, Primary Education has passed the impugned order at the behest of the Director, Secondary Education. 4. There appears to be no justification for passing an order of suspension merely on the ground that the petitioner is involved in some criminal case wholly unconnected with the performance of his duties. In fact, this case is also not a case of serious nature and is, perhaps, on account of personal disputes arising out of partition of properties between the members of the family. 5. Having regard to the facts and circumstances of the case the impugned order of suspension dated 3.4.1998 is quashed.