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2004 DIGILAW 792 (PAT)

Raj Narain Dwivedi v. State Of Bihar

2004-08-05

R.S.GARG

body2004
Judgment 1. Heard learned counsel for the parties. 2. The petitioner came to this court submitting, inter alia, that the order placing him under suspension is bad, therefore, the same be quashed. On 24.7.2002 this Court directed that the order of suspension shall remain in abeyance. By I.A. 3446 of 2004, the petitioner made a complaint to the Court that despite service of the order of stay upon the respondents, they have not done anything and the petitioner continues to be under suspension, therefore, action be taken against them. The Court required the respondents to submit their show cause as to why the order dated 24.7.2002 has not been observed by them. The Secretary of the Department was required to file his counter affidavit. 3. The respondent Secretary has filed his counter affidavit. He has submitted that showing absolute respect to the order dated 24.7.2002, the orders have been issued directing, inter alia, that from the date of the order of suspension upto 24.7.2002, the petitioner would be paid his subsistence allowance and with effect from 24.7.2002 till conclusion of the inquiry, he shall be paid full salary. It is also submitted that orders for payment of salary have already been issued. 4. As the respondents have already issued orders in favour of the petitioner for payment, this Court is not required to take any further action in that matter against the respondents. 5. The order dated 24.7.2002 is in force for almost about two years and, therefore at this stage, an interference in the said order is not called for. I dispose of this writ application with the direction that within 15 days from today, the total amount to which the petitioner is entitled would be paid to him. 6. Learned counsel for the respondents submits that chargesheet has already been served upon the petitioner and the Inquiring Officer has also been appointed. The respondents submit that if the petitioner cooperates in the matter, then they may conclude the inquiry within two months from the date the petitioner appears in the inquiry proceeding. 7. Learned counsel submits that the petitioner at present is posted at Nautan in the district of Siwan and further he would be required to appear before the Inquiring Officer who is posted at Purnea. 7. Learned counsel submits that the petitioner at present is posted at Nautan in the district of Siwan and further he would be required to appear before the Inquiring Officer who is posted at Purnea. He submits that the respondents must change the officer or, in the alternative, ask the Inquiring Officer to go to Nautan (Siwan) and conduct the inquiry. 8. Learned counsel for the State submits that the petitioner was transferred to Ranchi and after some time he obtained a certificate from Ranchi that no post was available there. In the meanwhile a show cause was issued to him and he was placed under suspension and headquarters was fixed at Purnea. According to him, because of the stay order, he continues at Siwan but the respondents under the present circumstances were not unjustified in appointing the officer of Purnea as Inquiring Officer. 9. Taking into consideration the totality of the circumstances, it is hereby directed that the petitioner shall appear before the Inquiring Officer on 13.8.2004. If he wants to say anything, then he may give the same in writing. The Inquiring Officer shall proceed in accordance with law, give opportunity to the parties to lead evidence and shall conclude the inquiry within a period of two months from the date of appearance of the petitioner. It is, however, made clear that if the petitioner does not cooperate in the inquiry or causes any hindrance, then the respondents would be at liberty to make an application for recall of this order in this very proceedings. In case the petitioner does not appear before the Inquiring Officer on 13.8.2004, then respondents would be free to proceed ex parte. In any case, final order in the inquiry will have to be passed on or before 14.10.2004. 10. This application is accordingly disposed of.