In a writ petition challenging suspension, the Patna High Court refused interim relief, holding that prima facie serious omissions existed justifying departmental action and that the court should not interfere at this stage.
Writ application dismissed; no interference with the order of suspension.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13393 of 2013
====================================================== 1. Arvind Prasad Son Of Sri Yadu Nandan Prasad Resident Of Village And Post Office - Makanpur, Police Station - Warsaliganj, District - Nawada .... .... Petitioner/s Versus 1. The State Of Bihar through The Secretary, Road Construction Department, Government Of Bihar, Patna 2. The Secretary, Road Construction Department, Government Of Bihar, Patna 3. The Deputy Secretary (Vigilance), Road Construction Department, Government Of Bihar, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr Y. V. Giri, Sr. Advocate Mr. Sanjeev Kumar For the Respondent/s : Mr. Binay Kumar Pandey, AC to GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
3 28-01-2014 Learned senior counsel representing the petitioner urges before the Court that there is no necessity to keep the petitioner under suspension by virtue of Annexure- 6 dated 4.6.2013 for the reason that no serious charges as such is being made out against him. The reason for suspension relates to the period when the petitioner was on deputation under Patna Municipal Corporation and he has already been repatriated and working at Madhubani where there is no likelihood of interfering with any inquiry or proceeding including investigation.
The reason for suspension of the petitioner is not one of the run- of the- mill cases. There are many a persona involved
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for the period in question relating to working of the Patna Municipal Corporation. The manner in which buildings plans were sanctioned and the fall out thereof upon the civic planning as well as compliance of building bye- laws etc. etc are serious issues. Therefore, it was not a knee- jerk reaction to put the petitioner under suspension. Petitioner with many others have also been charged in vigilance case, which is going on and law will follow its course. Prima facie, there are serious omissions for which uspension and initiation of a departmental proceeding was called for and has been done as well.
From perusal of Annexure- A filed with the counter affidavit of the State, it is evident that the charges have been framed against the petitioner in the departmental proceeding on 25.7.2013 which shows the seriousness of the department to take the matter to its logical end, provided the petitioner renders due cooperation.
Many a file notings have been brought on record to prove the innocence of the petitioner in the present writ application. Those file notings can be best appreciated by government officials as well as the inquiry officer. It is not for this Court to get into the nitty- gritty of those file notings at this stage. However, the Court will not come in the way of the
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petitioner to bring all these aspects of the matter before the authorities, who will be free to consider whether some case is made out for accepting the explanation of the petitioner or something more is required to be done which will also include the question of revocation of suspension of the petitioner, if need be.
Writ application is otherwise dismissed as no interference at such a preliminary stage is required to be made with the action and the decision of the State in the given circumstances of the case.
(Ajay Kumar Tripathi, J)
sk
1 issue framed by the court
Whether the High Court should interfere with the order of suspension of the petitioner at this preliminary stage of the departmental proceedings filed against him.
Arvind Prasad
The State Of Bihar through The Secretary, Road Construction Department, Government Of Bihar
The Secretary, Road Construction Department, Government Of Bihar
The Deputy Secretary (Vigilance), Road Construction Department, Government Of Bihar
AJAY KUMAR TRIPATHI
As recorded by the court registry
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