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2012 DIGILAW 893 (PAT)

Vijay Kumar Singh v. State of Bihar

2012-06-28

PRAKASH CHANDRA VERMA

body2012
ORDER This writ petition has been filed for quashing the order of suspension dated 13.9.2011 passed by the Deputy Secretary, Minor Water Resources Department, Government of Bihar, Patna. 2. It has been stated in the supplementary affidavit filed today on behalf of the petitioner that till date after lapse of 9½ months neither the charge sheet has been issued, nor any enquiry officer has been deputed, nor the disciplinary proceeding has been initiated against the petitioner. The order of suspension is governed by Chapter IV of Bihar Government Servants (Classification, Control and Appeal), Rule, 2005. Sub-Rule (7) of Rule 9 provides that from the date of order of suspension the charge sheet must be framed within a period of three months failing which on expiry of three months, the suspension order shall be revoked. Further that if the disciplinary authority passes suspension order afresh for a period of four months after explaining the delay in framing the charge sheet of initial order of suspension thus, the suspension order can be under sub-rule 7 of Rule 9 only for a period of three months plus four months i.e. seven months including the copy of reasons explained by the disciplinary authority. Here, in the present case more than seven months have been lapsed thus, the suspension cannot be sustained. 3. Accordingly, the order dated 13.9.2011 placing the petitioner under suspension is hereby quashed. 4. The writ petition is disposed of.