Allowed

Bir Bhajan Yadav v. the State of Bihar and Ors.

Patna HC23 Aug 2011CWJC/18243/2010

Case brief

AI extract

What is this about?

The High Court set aside the petitioner's suspension order after exoneration reports were submitted nearly 1.5 years prior, holding that prolonged suspension unjustifiedly continues after proceedings conclude without being punitive.

What did the court decide?

The order of suspension dated 12.8.2008 set aside; disciplinary authority to decide treatment of suspension period; applicants directed to decide salary arrears via reasoned order within four weeks.

Bir Bhajan Yadav Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18243 of 2010

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Bir Bhajan Yadav S/O Late Singhasan Yadav R/O Vill Akauna, P.S.Simri, Distt-Buxar

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Versus

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The State Of Bihar

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The District Magistrate Buxar

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The Superintendent Of Police Buxar

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The Senior Deputy Collector Incharge, General Branch Buxar

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The Executive Magistrate-Cum Conducting Officer Buxar

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The Sub Divisional Police Officer Dumraon, Buxar

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The Circle Officer-Cum Conducting Officer Simri, Buxar

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The Officer-In-Charge P.S., Simri, Buxar

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2/ 23/08/2011

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Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner was placed under suspension on 12.8.2008 and subjected to departmental

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proceedings on two charges. It is his specific contention in paragraph-13 of the writ application that the enquiry report has been submitted on 3.4.2010 in which he has been exonerated. Dealing with the same the counter affidavit at paragraph-6 states “no comments”.

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The grievance of the petitioner is that notwithstanding the submission of a report of exoneration the suspension continues unjustified.

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If the enquiry report has been submitted as far back as 3.4.2010, a fact not denied in the counter affidavit and the assertion of exoneration likewise also not denied there is no justification for the suspension to

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continue.

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In normal circumstances the Court would have directed the respondents to conclude the departmental proceedings at an early date granting liberty to the petitioner in the meantime to request for revocation of the suspension. The Court in the facts of the present case is not persuaded to do so.

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The order of suspension dated 12.8.2008 is

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therefore set aside.

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The enquiry has been completed on 3.4.2010 nearly one and a half years ago. The assertion that he has been exonerated is not denied. The Court is pained to observe that the counter affidavit is not only casual and perfunctory but borders on irresponsibility. That is perhaps an aspect which the Superintendent of Police, Buxar may like to examine and the Court expects him to do so. In what manner the period of suspension is to be treated shall be decided by the disciplinary authority.

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Even an order of suspension under Rule9(1)(C) of the Bihar C.C.S. Rules, 2005 under which no period can be specified as held by this Court cannot justify a prolonged suspension after the proceedings are long over as it is not a punishment.

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The submission that there are arrears of

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salary for an earlier period of suspension is a matter for the respondents to decide in accordance with law by a reasoned and speaking order on a representation to be filed by the petitioner which is directed to be disposed off within a maximum period of four weeks from the date of receipt/production of a copy of this order.

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The writ application is allowed.

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( Navin Sinha, J.)

Bir Bhajan Yadav v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Bir Bhajan Yadav v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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