Ritesh Kumar vs The State Of Bihar
2021 Latest Caselaw 937 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.672 of 2020
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Ritesh Kumar, s/o Chandradeo Prasad Verma, Resident of village- Dekpura, PS- Rahui, Distt. Nalanda at present Suspended Agriculture Coordinator Harnaut Block Nalanda.

... ... Petitioner/s Versus

1. The State of Bihar through The principal secretary Department of Agriculture, Bihar, Patna.

2. The Principal Secretary Department of Agriculture, Bihar, Patna.

3. The Director, Department of Agriculture, Bihar, Patna.

4. The District Magistrate, Nalanda at Biharsharif.

5. The District Agriculture Officer, Nalanda at Biharsharif.

6. The Block Agriculture Officer, Sarmera Block, Sarmera, Distt.- Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrigank Mauli Mr.Amresh Kumar Sinha Mr. Shashi Bhushan Singh For the Respondent/s : Mr.Raghwanand (GA-11) Mr. Sanjay Kumar Tiwari, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 18-02-2021

Heard counsel for the parties.

This writ petition has been filed by the petitioner

for following reliefs:-

(i) for issuance of writ/writs certiorari in nature to

set aside the order dated 10.09.2018 as contained in Memo No.

269 issued by the District Agriculture Officer, Nalanda at

Biharsharif/respondent no. 5 by which petitioner has been

placed illegally under suspension on the recommendation of

District Magistrate, Nalanda at Biharsharif/respondent no. 4. Patna High Court CWJC No.672 of 2020 dt.18-02-2021

(ii) for issuance of writ/writs Mandamus in nature

directing to reinstate to his post with all benefits.

The brief facts of this case are that petitioner was

suspended by order dated 10.09.2018, while he was posted as

Agriculture Coordinator at Harnaut, on the recommendation of

the District Magistrate, Nalanda. The departmental proceeding

was also initiated. Memo of charge was served upon the

petitioner and vide Memo No. 339 dated 13.02.2019, the

Assistant Director, Horticulture, Nalanda was appointed as

conducting officer and the Block Agriculture Officer, Harnaut

was appointed as presenting officer. Thereafter, notices were

issued to the petitioner by the enquiry officer and reply to the

show-cause was filed by the petitioner.

Learned counsel for the petitioner submitted that

though petitioner was suspended on 10.09.2018 and

departmental proceeding was also initiated on the same day, but

in spite of lapse of about two and half years the departmental

proceeding has not come to an end. It is further submitted on

behalf of the petitioner that petitioner cannot be put under

suspension for an indefinite period and departmental proceeding

is not likely to be concluded. In this connection, he has also

placed reliance upon a decision of a coordinate Bench of this Patna High Court CWJC No.672 of 2020 dt.18-02-2021

court passed in CWJC No. 8919 of 2019. It is further submitted

that the departmental proceeding is pending before the enquiry

officer.

In this case counter affidavit has been filed on

behalf of respondents in which it is stated that the departmental

proceeding has already been initiated against the petitioner and

memo of charge has already been framed on 10.09.2018, but the

same could not be served upon the petitioner since the appeal

preferred by this petitioner was pending before the disciplinary

authority and the memo of charge has now been served upon the

petitioner on 22.01.2021. The departmental proceeding is

already going on and petitioner has also filed his show-cause.

It is settled law that suspension is essentially

transitory or temporary in nature and the same cannot be for an

indefinite period. In this case, though, the petitioner was

suspended on 10.09.2018 and a departmental proceeding was

also initiated on the same very day, however, even after lapse of

about two and half years the departmental proceeding has not

been concluded.

Considering the facts and circumstances of this

case and materials placed on record, this court is of the opinion

that order of suspension cannot be in perpetuity otherwise the Patna High Court CWJC No.672 of 2020 dt.18-02-2021

same would be rendered punitive in nature, hence this court

deems it fit and proper to revoke the order of suspension dated

10.09.2018, as contained in Memo No. 269 passed by the

District Agriculture Officer, Nalanda at Biharsharif/respondent

no. 5.

Respondents are directed to ensure the joining of

petitioner within a period of one week from the date of

receipt/production of a copy of this order.

With the aforesaid direction, this writ petition is

allowed.

(Prabhat Kumar Singh, J)

vinita/-

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Uploading Date          20.02.2021
Transmission Date