The Court set aside a suspension order and directed the disciplinary authority to pass a reasoned order within three weeks, referring to binding precedent.
Directing the disciplinary authority to pass a reasoned and speaking order regarding the suspension within three weeks from the date of receipt of this order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
1. FEKAN BARI S/O LATE SINGHESHWAR BARI VILL- PATEPUR, P.S. PATEPUR, DISTT. VAISHALI
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE VAISHALI AT HAZIPUR
3. THE SUPERINTENDENT OF POLICE VAISHALI AT HAZIPUR
4. THE CIRCLE OFFICER PATEPUR CIRCLE (BLOCK), VAISHALI AT HAZIPUR 5. THE OFFICER-IN-CHARGE P.S. PATEPUR, VAISHALI AT HAZIPUR
The petitioner was placed under suspension by an order
dated 14.3.2009 in contemplation of departmental proceeding.
The ground urged is that no charges have been framed within the period of three months much less within the period of seven months from that date as required by Rule 9(7) of the Bihar CCA Rules, 2005.
The issue of applicability of the time limitations under Rule 9(7) of the Rules whether it be the initial period of three months or the full period of seven months when both grounds appeared to be available to the petitioner of this case from his pleadings stands settled by the Full Bench of this Court in the case of State of Bihar v. Gyan Kumar Ram, 2009(4) PLJR 272.
Let the disciplinary authority pass a reasoned and speaking order with regard to the suspension of the petitioner in accordance with law as laid down by this Court within a maximum period of three weeks from the date of receipt and/or production of a copy of this order before him.
This writ application stands disposed.
(Navin Sinha, J.)
AKS/
1 issue framed by the court
Whether the appellate authority passed a reasoned order regarding the suspension within the statutory time limit.
Colour shows how this judgement treated each authority
State of Bihar v. Gyan Kumar RamReferred¶11
State of Bihar v. Gyan Kumar Ram, 2009(4) PLJR 272
Fekan Bari
The State of Bihar
The District Magistrate Vaishali At Hazipur
The Superintendent of Police Vaishali At Hazipur
The Circle Officer Patepur Circle (Block), Vaishali At Hazipur
The Officer-In-Charge P.S. Patepur, Vaishali At Hazipur
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court