Patna High Court
Rahul Uraon @ Rahul Uraw vs The State Of Bihar Through The ... on 13 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1937 of 2021
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Rahul Uraon @ Rahul Uraw S/o Sita Ram Uraw resident of Village -
pakwaliya, P.S. Simra, District West Champaran, A/p Posted as Najir
(Assistant) Block- Ekma, District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt of Bihar, Secretariat,
Patna.
2. The Principal Secretary, Finance Department, Govt. of Bihar, Secretariat,
Patna.
3. The Principal Secretary, Department of Revenue, Govt. of Bihar, Secretariat,
Patna.
4. The Principal Secretary, Department of Home, Govt. of Bihar, Secretariat,
Patna.
5. The District Magistrate, Saran at Chapra.
6. The Sub Divisional Officer, Sadar, Chapra.
7. The Deputy Collector, Land Reform, Sadar, Chapra.
8. The Circle Officer, Ikma, Saran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Dr. Alok Kumar Sinha
For the Respondent/s : Mr. Sarvesh Kumar, GP-24
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 13-01-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19
pandemic.
2. In the instant petition, petitioner has prayed for
following reliefs:
"1. That this is an application
for issuance of an appropriate writ/writs,
order/orders, direction/directions in the
nature of certiorari for quashing the office
Patna High Court CWJC No.1937 of 2021 dt.13-01-2022
order 182/2017 through which the
respondent no. 5 suspended the petitioner
w.e.f. 07.04.2017 (Annexure-5). Further
for Revocation of suspension order and
stay of memo of charges and
consequential departmental proceeding
date 24.06.2017 till disposal of Criminal
Trial of Vigilance Case No. 141 of 2016."
3. Petitioner was placed under suspension on
07.04.2017 on the allegation that he is involved in alleged
demand and acceptance of illegal gratification vide Vigilance
Case No. 141 of 2016 for the offences under Section 7/13 read
with 13(1)(d) of the Prevention of Corruption Act, 1988.
4. As on the date of presentation of the present
petition, learned counsel for the petitioner submitted that
disciplinary proceedings have not attained finality. In the light
of dates and events and the fact that the disciplinary proceedings
have not attained finality, the petitioner is entitled for seeking
review of suspension in the light of decision of Apex Court
rendered in the case of Ajay Kumar Chaudhary V. Union of
India reported in (2015) 7 SCC 291.
5. The suspending authority is hereby directed to
review the order of suspension in the light of aforesaid decision.
6. In so far as interference with the charge-memo on
the score that petitioner is facing criminal proceedings till
disposal of criminal proceedings, disciplinary proceedings is to
Patna High Court CWJC No.1937 of 2021 dt.13-01-2022
be stayed cannot be appreciated in the light of latest Apex
Court's decision dated 03.01.2022 passed in Civil Appeal No.
7403 of 2021 in the case of Maharashtra State Road Transport
Corporation Vs. Dilip Uttam Jayabhay reported in 2022 SCC
Online SC 1, wherein it is held that disciplinary proceedings
and criminal proceedings are entirely different. Disciplinary
proceedings is for the alleged misconduct and criminal
proceedings is relating to offences under Indian Penal Code read
with Prevention of Corruption Act, 1988.
7. In the light of these facts and circumstances,
petitioner has not made out a case so as to interfere with the
charge-memo to stay the disciplinary proceedings till attainment
of finality of criminal proceedings.
8. Accordingly, the instant petition stands disposed
of.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
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