The High Court directed respondents to revoke the petitioner's suspension and pass a reasoned decision on his leave commutation application within two months, relying on a prior Full Bench decision, before disposing of the writ.
Director to revoke suspension and consider leave commutation application within two months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1937 of 2010
Versus
the State.
The short submission is made that the petitioner was placed under suspension on 24.11.2009. Charges were not framed within three months as required under Rule-9 (7) of the Bihar CCA Rules, 2005. After expiry of three months, but before framing of charges, the petitioner had filed the present writ petition. Relying on the Full Bench decision of this Court in 2009(4) PLJR 272 (The State of Bihar & Ors. Vs. Gyan Kumar Ram) more particularly Paragraph-20 of the same, the submission is that the suspension shall have to be revoked in law.
It is next submitted that the petitioner has applied for commutation of leave which is still pending consideration.
If the petitioner has applied for commutation of leave let the application be considered in accordance
2
with law.
In so far as the issue of suspension is concerned, let the respondents take an appropriate reasoned and speaking decision in light of the Full Bench decision of this Court with regard to their authority to continue with their suspension.
Let such decision on both counts be taken and final reasoned decision passed within a maximum period of two months from the date of receipt/production of a copy of this order.
The writ application stands disposed.
P. Kumar
( Navin Sinha, J.)
2 issues framed by the court
Whether a government servant placed under suspension must have suspension revoked if charges were not framed within the prescribed three-month period under Rule-9(7) of Bihar CCA Rules.
Whether a pending application for commutation of leave should be considered.
Colour shows how this judgement treated each authority
The State of Bihar & Ors. Vs. Gyan Kumar RamRelied on¶14
2009(4) PLJR 272 (The State of Bihar & Ors. Vs. Gyan Kumar Ram)
Hare Krishna Lal Das
The State of Bihar
District Magistrate, Begusarai
Sub Divisional Magistrate, Sadar, Begusarai
Deputy Collector, Land Reforms Sadar, Begusarai
Principal Secretary, Land Reforms and Revenue Department
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
