Patna High Court allowed a writ petition quashing an administrative order treating the petitioner as absent from service for over five years, holding that suspension does not constitute absconding and the finding was perverse.
Order of termination and quashing of the order dated 30.08.2011 treating the petitioner to be absent from service.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CWJC No.16428 of 2011 (3) dt.09-10-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16428 of 2011
====================================================== PAWAN KUMAR SON OF LATE RAM PRAVESH RAM RESIDENT OF C-23, JAGAT VISHNAVI APARTMENT, ASHIANA NAGAR, P.S. RAJIV NAGAR, DISTT.-PATNA.
.... .... PETITIONER/S VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL HOME SECRETARY DEPARTMENT OF HOME OLD SECRETRIAT, PATNA. 3. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, BIHAR, PATNA. 4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, CIRMINAL INVETIGATION DEPARTMENT, OLD SECRETARIAT, PATNA. 5. THE INSPECTOR GENERAL OF POLICE, MUZAFFARPUR ZONE, MUZFFARPUR. 6. THE INSPECTOR GENERAL OF POLICE (WEEKER SECTION) CRIMINAL INVESTIGATION DEPARTMENT, OLD SECRETRIAT, PATNA. 7. TH DEPUTY INSPECTOR GENERAL OF POLICE (CRIME) CRIMINAL INVESTIGATION DEPARTMENT, BIHAR, PATNA. 8. THE SUPERINTENDENT OF POLICE (CRIME), CRIMINAL INVESTIGATION, DEPARTMENT, BIHAR, PATNA. 9. THE DEPUTY SUPERINTENDENT OF POLICE, ADVANCE TRAINING SCHOOL IN SHORT A.T.S. BAILEY ROAD, PATNA. (CRIMINAL INVESTIGATION DEPARTMENT, HEREIN AFTER REFERRED TO AS C.I.D.). .... .... RESPONDENT/S ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar, Advocate. For the Respondent/s : Mr. Anjani Kr Sharan Sc9 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA ORAL ORDER 3 09-10-2012 This writ petition has been filed by the petitioner for quashing of the order dated 30.08.2011 as contained in Memo No. 86, treating the petitioner to be absent from service for more than five years for which departmental proceeding was initiated against him.
Patna High Court CWJC No.16428 of 2011 (3) dt.09-10-2012
It is not in dispute that the petitioner was placed under the suspension. From perusal of the termination order, it is evident that the petitioner was under suspension throughout the period for which was he held to be absconding. No subsistence allowance has been paid despite the application given by the petitioner. Suspension was from office or post, it was not suspension of lien in service meaning thereby it is not a fact that the petitioner was not of service, thus relationship of master and servant continues. Since the petitioner was under suspension he was not required to sign attendance register. There is no allegation that neither the petitioner cooperate in the inquiry nor did he cooperate before the inquiry officer. It has also not been found that the petitioner was employed anywhere during this period. Thus, the finding that the petitioner was absconding for five years is totally perverse and cannot be sustained. Thus, the order of termination cannot be sustained. Accordingly, the order of termination is quashed.
The writ petition is allowed.
However, the consequential benefits shall be given to the petitioner in accordance with law within a period of three months from the date of receipt/production of a certified copy of this order.
Patna High Court CWJC No.16428 of 2011 (3) dt.09-10-2012
(Prakash Chandra Verma, J)
Bhardwaj/-
3 issues framed by the court
Whether the petitioner's finding of being absent from service for more than five years amounts to absconding and justifies termination.
Whether the termination order treating the petitioner as absent is sustainable in law.
Whether the departmental proceeding against the petitioner was properly concluded.
Pawan Kumar Son of Late Ram
The State of Bihar
The Principal Home Secretary Department of Home
The Director General and Inspector General of Police, Bihar
The Additional Director General of Police, Criminal Investigation Department
The Inspector General of Police, Muzaffarpur Zone
Prakash Chandra Verma
As recorded by the court registry
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