The High Court of Patna held in an Letters Patent Appeal that the provision requiring acceptance of joining before issuing a separate suspension order is directory. Consequently, the suspension stand was upheld.
The Letters Patent Appeal was dismissed, upholding the 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
Letters Patent Appeal No.1551 of 2016 Arising out of
Civil Writ Jurisdiction Case No. 6965 of 2016
=========================================================== Lal Mohan Jha, Son of Late Khudo Jha, Panchayat Sachiv/ Secretary, BlockSimari Bakhtiyarpur, District- Saharsa (Suspended).
.... .... Appellant/s Versus
.... .... Respondent/s
=========================================================== Appearance :
For the Appellant/s : Mr. Pramod Mishra, Advocate
Mr. Arun Kumar, Advocate For the Respondent/s : Mr. Dhirendra Kumar, AC to AAG-6
=========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE ) Date: 15-11-2016
Heard learned counsel for the parties.
Patna High Court LPA No.1551 of 2016 dt.15-11-2016
2/4
appellant is that in terms of Rule-9(3) of Bihar Government Servants (Classification, Control and Appeal) Rules, 2005, the appellant could be suspended by passing separate order, but only after acceptance of joining. Such argument is based on the fact that it was on 21st of April, 2015 the appellant was arrested in a criminal case and was admitted to bail on 7th of May, 2015. The appellant is said to have submitted joining on 8thh of May, 2015. But later, a separate order of suspension was passed on 26th May, 2015.
“9(I)(c) a case against the government servant in respect of any criminal offence is under investigation, inquiry or trial and the competent authority is satisfied that it is expedient to suspend the government servant in public interest.
(2) A government servant shall be deemed to have been placed under suspension by an order of appointing authority with effect from the following date:-
(a) from the date of his or her detention, if he or she is detaining in custody, whether on a criminal charge or otherwise for a period exceeding fortyeight hours;
(b) from the date of his or her conviction, if, in the event of a conviction for an offence he or she is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
Explanation--- The period of forty-eight hours specified in clause (b) of this sub-rule shall be computed from the date of commencement of the imprisonment after the conviction and for this purpose intermittent periods of imprisonment, if any, shall be taken into account.
Patna High Court LPA No.1551 of 2016 dt.15-11-2016
3/4
(3) (i) After the custody period under sub-rule (2), the period of deemed suspension shall be deemed to end when the government servant gives his joining and the joining shall be accepted.
(ii) If a decision is taken to suspend the government servant again under sub-rule (1)(a), or (b) or (c), then such action may be taken only after acceptance of joining and by issuing a separate order.”
Patna High Court LPA No.1551 of 2016 dt.15-11-2016
4/4
suspension cannot be vitiated for the reason that his joining was not
accepted.
present Letters Patent Appeal.
(Hemant Gupta, ACJ)
(Vikash Jain, J)
K.C.jha/-
AFR/NAFR AFR CAV DATE N/A Uploading Date 22.11.2016 Transmission N/A Date
2 issues framed by the court
Whether the acceptance of joining by a government servant before passing a separate order of suspension is mandatory or directory.
Whether the appellant's suspension was vitiated because his joining was not accepted prior to the order.
1 provisions across 1 enactments
Lal Mohan Jha
State of Bihar
Hemant Gupta
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
