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2018 DIGILAW 2768 (JHR)

Satyendra Narayan Rai v. State Of Jharkhand

2018-12-15

APARESH KUMAR SINGH

body2018
JUDGMENT Aparesh Kumar Singh, J. - Heard learned counsel for the parties. 2. In the writ petition, petitioner has challenged the order of suspension contained in memo no. 487 dated 14.07.2017 (Annexure-9) issued by the Respondent no.3. Departmental proceeding has also been initiated for the charges that even after 5 years of the allotment of fund to the tune of Rs. 9,64,467/- for construction of boundary wall of Kasturba Gandhi Girls School during the financial year 2012-13, work to the tune of Rs. 6,48,180/- had only been executed and the remaining work for an amount of Rs. 3,16,284/- remained incomplete. Petitioner is the Secretary cum In-charge Head Master of the Middle School, Baraj Colony, Galudih, Ghatshila against whom prima facie acts of embezzlement was found which became the subject matter of criminal proceeding also. The departmental proceeding is stated to be pending. 3. Learned counsel for the petitioner submits that in the criminal case petitioner has been granted anticipatory bail by this Court. He submits that the departmental proceedings have not been concluded and suspension continues even after 1 and years till date. 4. Learned counsel for the Respondent State submits that since the matter has been taken up for the first time, instructions have not been received. However, this Court may, if so consider appropriate, direct the disciplinary authority to conclude the departmental proceedings in a time frame in accordance with law. 5. Having considered the factual matrix of the case and the submission of the parties, since the departmental proceeding is said to be still pending, this Court is not inclined to get into the merits of the challenge to the order of suspension at this stage. The disciplinary authority is expected to conclude the departmental proceeding within a time frame in accordance with law, of course after giving due opportunity to the delinquent employee, preferably within period of 16 weeks from the date of receipt of copy of this order, if not yet concluded. In case the petitioner fails to cooperate in the enquiry, it would be open to the disciplinary authority to conclude it within the time frame. 6. The writ petition is disposed of accordingly.