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2000 DIGILAW 1049 (PAT)

Ram Sunder Kewat v. State Of Bihar

2000-08-25

SUDHANSU JYOTI MUKHOPADHAYA

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Judgment 1. Heard the parties. 2. The petitioner, an employee of Bihar Animal Husbandary Service Class-III, was suspended, vide impugned order dated 11th July, 1996, on the ground of financial irregularity and unauthorised absence. It was also mentioned that F.l.R. has been lodged against him in the Police Station. 3. The petitioner having continued under suspension for more than four years, has challenged the same. 4. According to the petitioner, the F.I.R. as was lodged on 5th February, 1996 at Gumla P.S. Case No. 20/96, wherein he has not been made an accused. However, the petitioner was arrested and sent to jail for which he was allowed bail on 17th May, 1996. Another case, being Gumla P.S. Case No. 53/96 was instituted on 11th May, 1996, but the petitioner has not been made an accused. 5. The aforesaid cases, appeared to have been transferred to C.B.I. in view of direction of this Court in the case commonly known as A.H.D. scam case. The charge sheet is stated to have been sent to the C.B.I. Court, but petitioner has not been sent for trial, he having made prosecution witness in both the cases. 6. A Bench of this Court, in similar case of Dr. Rajendra Baitha and others (C.W.J.C.No. 15395/99), taking into consideration similar fact, set aside the order of suspension, as was issued in the said case on 2nd February, 1996. 7. In the aforesaid background, this Court, vide order dated 25th July, 2000, while allowed the Respondents to file counter affidavit, asked to report as to whether the petitioner is an accused in criminal case or not and whether the case of the petitioner is covered by decision in the case of Rajendra Baitha (supra). 8. Now more than four weeks have passed, but till date no counter affidavit has been filed. The statements, as made above, have not been disputed. 9. In the facts and circumstances, now more than four years having passed after the order of suspension, I revoke the order of suspension dated 11th July, 1996 from immediate effect (25.8.2000). The petitioner stands reinstated on the post with full salary from tomorrow (26.8.2000). 10. However, this order will not stand in the matter of departmental proceeding/criminal proceeding, if any pending. 11. The petitioner stands reinstated on the post with full salary from tomorrow (26.8.2000). 10. However, this order will not stand in the matter of departmental proceeding/criminal proceeding, if any pending. 11. The salary for the period of suspension is to be determined by the authorities in terms with Rule 97 of the Bihar Service Code and such order is to be passed within one month from the date of completion of enquiry, if any pending, whichever is later. 12. This writ petition stands disposed of with the aforesaid observations and directions.