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2001 DIGILAW 787 (PAT)

Shail Kumari v. State Of Bihar

2001-08-28

SHASHANK KR.SINGH

body2001
Judgment 1. Heard learned counsel for the petitioner and learned G.P.I. for the State. 2. Petitioner is aggrieved by An-nexure-6 by which her appointment has been doubtful. 3. Contention of petitioner is that though she is ready to face any enquiry to prove the genuineness of her appointment but the action of the State in not allowing her to work and stoppage of her salary without finding her appointment to be forged and fabricated is violative cf Articles 14 and 16 of the Constitution. 4. It has been contended on behalf of State by filing a counter affidavit that a preliminary enquiry has been made and as the appointments were found to be doubtful, as such, a direction had been issued for stoppage of work from such employees till the proceedings came to an end for which show cause has already been issued to the petitioner and other similarly situated persons. Petitioner has already replied to the show cause. 5. As enquiry has already begun and as show cause has already been filed by the petitioner vide Annexure-7 at this stage this Court is not inclined to interfere in the enquiry proceeding or the order passed by the Respondent. However, it is made clear that the petitioner cannot be made to suffer only as some suspicion has been raised regarding her appointment which was made more than 20 years back. 6. In the facts of the case, this Court directs Respondent No. 2 to consider the show cause of the petitioner and if necessary, by providing an opportunity of hearing to her and pass appropriate orders in accordance with law within a period of three weeks from the date of receipt/production of a copy of this order. It is made clear that if a final decision is not taken by that time, as the petitioner cannot be made to suffer without the guilt being established she will be allowed to resume her duties and shall be paid her salary and also salary for the period for which she was not allowed to work due to. laches which was not on her part. Petitioner is directed to co-operate with the enquiry and make herself available if and when required. 7. This writ application stands disposed of with the aforesaid direction/observation. 8. Let a copy of this order be communicated to Respondent No. 2 forthwith.