The petitioner challenged a suspension order issued on 24.11.2014, alleging violation of Bihar CCA Rules 2005 due to delay in serving charges. The court set aside the order allowing the respondent to pass a fresh one.
The suspension order dated 24.11.2014 is set aside with liberty to the respondents to pass a fresh order.
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Patna High Court CWJC No.13694 of 2015 (3) dt.14-12-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13694 of 2015
======================================================
Prakash Chandra Mishra
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vipin Kumar
For the Respondent/s : Mr. Vivek Prasad- Gp18
======================================================
CORAM: HONOURABLE MR. JUSTICE SAMARENDRA
PRATAP SINGH
ORAL ORDER
3 14-12-2015 The petitioner prays for setting aside the order of suspension dated
24.11.2014 being violative of sub-rule 7 of Rule 9 of Bihar CCA Rules, 2005
on the ground that no charge memo was served within the statutory period of
90 days.
A counter affidavit has been filed stating that charges has been
framed on 6.8.2015 and a regular departmental proceeding has been initiated.
As no charge memo was served within a period of 90 days and no
departmental proceeding was initiated within the aforesaid time, the
suspension order is not sustainable in law and is accordingly set aside with
liberty to the respondents to pass fresh order in accordance with law.
In the result, this writ application is allowed to the extent indicated
above.
(Samarendra Pratap Singh, J)
(Samarendra Pratap Singh, J)
KHAN/-
U
2 issues framed by the court
Whether the suspension order is violative of sub-rule 7 of Rule 9 of Bihar CCA Rules, 2005 due to delay in serving charge memo.
Whether the suspension order is sustainable in law as no departmental proceeding was initiated within 90 days.
1 provisions across 1 enactments
Prakash Chandra Mishra
The State of Bihar
SAMARENDRA PRATAP SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
