Disposed

Shashi Bala Nath v. the State of Bihar and Ors.

Patna HC4 Feb 2009CWJC/17205/2008

Case brief

AI extract

What is this about?

The High Court examined the validity of a suspension order issued against the petitioner. Relying on Rule 9(7) of the Bihar CCA Rules, the court held that suspension lapses after three months unless extended by a written order for four months with recorded reasons. The court directed the respondents to examine the petitioner's claim and dispose of the application accordingly.

What did the court decide?

Respondents directed to examine the claim in light of statutory provisions and pass a reasoned order if requirements are fulfilled.

Shashi Bala Nath Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2009)

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 IN THE HIGH COURT OF JUDICATURE AT PATNA
 CWJC No.17205 of 2008
 SHASHI BALA NATH
 Versus
 THE STATE OF BIHAR & ORS
 -----------
For the Petitioner : M/s Ranjeet Kumar, Dilip Kumar,Ajay
 Kumar Tripathi and D.K.Verma,
 Advocates

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For the State : AC to SC 12

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-------

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04.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State.

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No counter affidavit has been filed on behalf of the respondents.

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The challenge in this writ application relates to the order of suspension dated 21.8.2008 in support of which learned Counsel relies upon Rule 9 (7) of the Bihar (C.C.A) Rules, 2005.

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The Rules provide that chargesheet has to be framed within three months. According to the petitioner, this period has already expired. The Rules themselves provide further that this period can be extended by another four months, but for reasons to be recorded in writing. If no chargesheet is framed within this extended period of four months the suspension shall stand

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revoked.

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The original order of suspension lapses after three months unless it has been extended by an order in writing for a period of another four months. If the respondents have not passed any order for extension of the period of three months from the date of suspension, the suspension stands revoked by operation of law. However if they have extended the suspension for another period of four months the suspension shall remain valid for the

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extended period and unless charges have been framed within the extended period the suspension order shall stand revoked.

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The respondents are therefore directed to examine the claim of the petitioner in light of the statutory provisions and in the event they arrive at a finding of fulfillment of the statutory requirements they shall be obliged to pass a reasoned and speaking order.

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If no statutory orders have been passed after expiry of first three months of suspension or charges have not been framed within the period of extension, if any, the suspension of

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the petitioner shall stand revoked either after the period of three
months or the extended period of four months, as the case may
be.
The writ application stands disposed off in the aforesaid
terms.
Snkumar/-
(Navin Sinha,J.)

Shashi Bala Nath v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Shashi Bala Nath v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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