Allowed

Dheeraj Kumar v. The State Of Bihar and Ors.

Patna HC10 Dec 2015CWJC/10972/2015

Case brief

AI extract

What is this about?

The High Court of Judicature at Patna allowed a writ petition seeking quashing of a suspension order. Holding that no charge memo was served within 90 days, the court set aside the suspension as unsustainable in law, permitting the department to issue a fresh order.

What did the court decide?

The suspension order dated 8.1.2014 is set aside and department is at liberty to issue a fresh order in accordance with law.

Dheeraj Kumar Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2015)

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Patna High Court CWJC No.10972 of 2015 (2) dt.10-12-2015

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	IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10972 of 2015 ======================================================
	Dheeraj Kumar son of Baliram Singh, resident of village Gonda Bigha, P.S. Hisua, District Nawadah. .... .... Petitioner Versus The State of Bihar & Ors .... .... Respondents ======================================================
	Appearance : For the Petitioner/s : Mr. Karandeep Kumar For the Respondent/s : Mr. Radha Mohan Pathak, AC to SC 29 ======================================================
	CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER
2 1	0-12-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks quashing of the order dated 8.1.2014 whereby he
	has been suspended by the Director SC/ST, Welfare Department, Government of Bihar, Patna.
	The petitioner submits that no charge memo has been served upon him as yet and as such continuance of suspension is in breach of Rule 9 of the Bihar Government CCA Rules, 2005. I find substance in the submission of the petitioner. As no charge memo has been served upon the petitioner within 90 days of passing of order of suspension, the impugned order suspending the petitioner is not sustainable in law and is accordingly set aside. However, the department would be at liberty to issue a fresh order in accordance with law. In the result, this writ application is allowed. (Samarendra Pratap Singh, J)
KHAN/-
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Dheeraj Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Dheeraj Kumar 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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