Patna High Court
Ranjeet Kumar Rajak vs The State Of Bihar on 15 February, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 402 of 2025
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Ranjeet Kumar Rajak Son of Late Mahendra Prasad Rajak Resident of
Village-Hanswar P..S.- Manihari, District-Katihar, Presently Residing at Flat
No. 108B Vina Vihar Apartment Nitibagh, Jagdeopath, P.S.-Rupaspur,
District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Home Department, Government of Bihar,
Patna.
3. The Secretary, Home Department, Government of Bihar, Patna.
4. The Director General of Police, Government of Bihar, Patna.
5. The Inspector General of Police (Police Headquarter), Government of Bihar,
Patna.
6. The Deputy Secretary, Home Department (Police Section), Government of
Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr Kumar Kaushik, Advocate
For the Respondent/s : Mr Vinay Kirti Singh, Sr Advocate, GA II with
Mr Venkatesh Kirti, AC to GA II
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CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL
ORAL JUDGMENT
Date : 15-02-2025
Heard learned counsel for the petitioner as well as the
learned counsel for the State.
2 This petition has been preferred by the petitioner
seeking the following reliefs:
"i For issuance of an order, direction
or an appropriate writ for a declaration that the
deemed suspension of the petitioner from the
date of his detention as stipulated in Memo No
7666 dated 02.08.2022 with effect from
Patna High Court CWJC No.402 of 2025 dt.15-02-2025
2/11
12.07.2022
shall be deemed to have ended when
the petitioner submitted his joining before the
Inspector General of Police (Police
Headquarters) on 15.09.2022 which was
accepted by the competent authority on
operation of the legal fiction stipulated in Rule 3
(i) of the Bihar Government Servants
(Classification, Control & Appeal) Rules, 2005
'hereinafter referred to as CCA Rules, 2005'.
ii For issuance of an order, direction
or a writ of mandamus for directing the
respondent authorities to immediately issue
orders of posting of the petitioner on the post of
Deputy Superintendent of Police since his
suspension is deemed to have ended on
15.09.2022 on operation of legal fiction
stipulated in Rule 3 (i) of the CCA Rules, 2005.
iii For issuance of an order, direction
or an appropriate writ for directing the
respondents to make payment of full salary to
the petitioner from 15.09.2022 to the date of
payment after deducting the subsistence
allowance already paid to him for the period of
suspension.
iv For issuance of an order, direction
or a writ of certiorari for quashing and setting
aside the order contained in Memo No 7666
dated 02.08.2022 and further for directing the
respondent authorities to revoke the suspension
of the petitioner with immediate effect since the
petitioner was put under deemed suspension in
exercise of powers under Rule 9 (2) (a) of the
CCA Rules, 2005 with effect from the date of his
detention and the aforesaid order is no longer
valid after the submission of joining of the
petitioner on 15.09.2022."
3 Brief facts of the case are that the petitioner, while he
was posted as BSAP, Patna, an FIR has been lodged by the
Patna High Court CWJC No.402 of 2025 dt.15-02-2025
Economic Offence Unit bearing Economic Offence Unit Case No
20 dated 09.05.2022 for the alleged offence punishable under
Sections 420, 467, 468, 120B of the IPC, Section 66 of the IT Act
and Section 3/10 of the Bihar Examination Control Act. During
investigation, the petitioner was taken in custody on 12.07.2022.
Therefore, in view of the provisions, as contained in Rule 9 (2) (a)
of the Bihar Government Servants (Classification, Control &
Appeal) Rules, 2005 (for brevity Bihar CCA Rules), the petitioner
was under a deemed suspension from the date of his detention.
However, the Department had issued a formal notification
contained in Memo No 7666 dated 02.08.2022 whereby and
whereunder the petitioner was put under suspension with effect
from the date of his detention (12.07.2022). Subsequently, the
petitioner was granted bail by order dated 13.09.2022 passed by
the learned Additional Chief Judicial Magistrate I, Patna and was
released on 14.09.2022. The petitioner consequently submitted his
joining before the IG (Police Headquarters), Patna on 15.09.2022
which was also accepted by the competent authority and the
petitioner, thereafter, has marked his attendance at the police
headquarters. Thereafter, charge memo was issued to the
petitioner on 20.03.2023 (Annexure P/5) series. Meanwhile, the
petitioner had filed Cr Misc No 9757 of 2023 before this Court
Patna High Court CWJC No.402 of 2025 dt.15-02-2025
against the order by which the application for discharge filed by
the petitioner was rejected by the learned trial Court. The petition
filed by the petitioner was allowed vide order dated 12.05.2023
and the matter was remitted back to the trial Court with a direction
to consider the discharge application of the petitioner afresh.
Thereafter, the concerned trial Court passed fresh order and
allowed the application of the petitioner and discharged him from
the charges levelled against him. The said order of discharge has
been assailed by the respondents before this Court which has also
been rejected.
4 It is submitted by the learned counsel for the petitioner
that the petitioner was suspended in terms of Rule 9 (2) (a) of the
Bihar CCA Rules which prescribes that a Government Servant
shall be deemed to have been placed under suspension by an order
of the appointing authority with effect from the date of his/her
detention if she or he is detained in custody whether on a criminal
charge or otherwise for a period exceeding 48 hours. Rule 9 (3) (i)
prescribes that 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. Rule 9 (3) (ii) of the Bihar CCA Rules further prescribes
that if a decision is taken to suspend the Government Servant
Patna High Court CWJC No.402 of 2025 dt.15-02-2025
again under sub-rule (1) (a), (b) or (c), then such action may be
taken only after acceptance of joining and by issuing a separate
order but in this case even after submission of joining by the
petitioner, no separate order of suspension has been issued under
Rule 9 (1) (a) (b) or (c), therefore, the suspension of the petitioner
is deemed to have ended on 15.09.2022 when the petitioner
submitted his joining. Thus, the petitioner is entitled to get full
salary after deducting the subsistence allowance already paid to
him with effect from 15.09.2022. The respondent-authorities have
no power to keep the petitioner under suspension. He further
submits that the petitioner had also filed an application before the
State Level Committee constituted under the Bihar State Litigation
Policy, 2011. The Committee has taken the decision that the
petitioner's suspension is liable to be revoked and, accordingly, the
Committee made its recommendation in its meeting dated
16.05.2024. Even after that, no any formal order of revocation of
the suspension has been passed by the respondents and the
Department has not issued order of posting of the petitioner.
However, in the case of similarly situated person, namely, Birender
Kumar Sahu, his suspension has been revoked. Reliance has been
placed by the learned counsel on the judgment passed by a
Division Bench of this Court in the case of Anand Swarup @
Patna High Court CWJC No.402 of 2025 dt.15-02-2025
Anand Swaroop -Versus- The State of Bihar & Others, 2011
SCC Online Patna 1196.
5 Learned counsel for the respondent-State opposes the
argument raised by the learned counsel for the petitioner.
However, he fairly admitted the fact that even after the direction of
this Court for filing the counter affidavit, the State is unable to file
the same. He also admitted the fact that the High Powered
Committee, in its Minutes dated 16.05.2024, made its
recommendation for revocation of the suspension of the petitioner
but no decision has been taken as yet and the matter is still
pending before the appropriate authority.
6 Heard learned counsel appearing for both the parties.
Perused the documents annexed with the petition.
7 There is no dispute on the point that the Economic
Offence Unit Case No 20 dated 09.05.2022 has been registered
against the petitioner and during the course of investigation, he
was taken in custody on 12.07.2022. Therefore, in terms of Rule 9
(2) (a) of the Bihar CCA Rules, the petitioner shall be deemed to
have been placed under suspension as he was detained in custody
for a period exceeding 48 hours though there was no requirement
for issuance of any formal order of suspension but formal order of
suspension has been issued on 02.08.2012 (Annexure P/2)
Patna High Court CWJC No.402 of 2025 dt.15-02-2025
whereby the petitioner has been suspended with effect from the
date of his detention dated 12.07.2022.
8 At this juncture, it would be appropriate to reproduce
Rule 9 (2) (a) and 3 (i) and (ii) of the Bihar CCA Rules which
reads thus:
9. Order of Suspension.- ... ... ...
(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 detailed in custody,
whether on a criminal charge or otherwise for a
period exceeding forty-eight hours;
... ... ...
(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."
9 Perusal of the order of suspension (Annexure P/2)
shows that the same was exercised in terms of Rule 9 (2) (a) of the
Bihar CCA Rules. Admittedly, the petitioner has been released on
bail on 14.09.2022.
Patna High Court CWJC No.402 of 2025 dt.15-02-2025
10 Rule 9 (3) (i) of the Bihar CCA Rules further
provides that the period of deemed suspension shall be deemed to
end when the Government Servant gives the joining and the
joining shall be accepted. In this case, the petitioner herein, after
his release on bail, joined the services on 15.09.2022 which
reflects from Annexure P/4 and which has also not been disputed
by the learned State Counsel. Since the petitioner has made his
joining through Annexure P/4, therefore, if the Department was of
the opinion that the suspension of the petitioner is further required
to be extended then, as contained in Rule 9 (3) (ii) of the Bihar
CCA Rules, a separate order of suspension is required but in this
case, no further and separate order of suspension has been passed
by the Department.
11 Dealing with this issue, a Division Bench of this
Court in the case of Anand Swarup @ Anand Swaroop (supra)
has observed and held at paragraphs 6 and 7 of the judgment as
follows:
"6. Rule 9 (1) (c) has to be read in
comparison to Rule 9 (2) (a) to resolve the
controversy in the present case. It is apparent
from the sub-rule (c) that a Government servant
can be placed under suspension if a criminal
offence is under investigation, enquiry or trial
apart from other conditions mentioned therein.
It is inherent in the situation that it needs a
formal order of suspension. It is relevant to
Patna High Court CWJC No.402 of 2025 dt.15-02-2025
state that this clause applies to cases of detention
and takes place by automatic operation of law
the moment the employee is taken into custody,
and is released from suspension equally by
automatic operation of law, and does not need a
formal order on either of the two counts.
7. On a perusal of the impugned order
of suspension in the present case, it appears to
us that the power was exercised in terms of Rule
9 (2) (a). The recital of the order clearly states
that the writ petitioner was placed under
suspension because he was in detention.
Though it does not need a formal order of
suspension, but the authorities did pass an order
of suspension which does not deflect from the
position that the case is covered by Rule 9 (2) (a)
of the Rules. The admitted position is that the
writ petitioner has been released from custody
on bail on 24.06.2007. We are, therefore, of the
view that, in accordance with the provisions of
Rule 9 (2) (a), it does not need a formal order of
the authorities releasing the writ petitioner from
suspension, and he stands released from
suspension by automatic operation of law the
moment he is released from custody."
12 There is also no dispute on the point that the charge
sheet has been issued to the petitioner on 12.01.2023, i e, more
than 90 days from the date of order of suspension. The Minutes of
the High Powered Committee dated 16.05.2024 (Annexure 11B)
also shows that the High Powered Committee recommended for
revocation of suspension of the petitioner but even after lapse of
almost nine months, no decision has been taken by the concerned
authorities as yet for the reasons best known to them.
Patna High Court CWJC No.402 of 2025 dt.15-02-2025
13 Taking into consideration the facts (as referred herein
above) that after release from the custody, the petitioner gave his
joining on 15.09.2022 (Annexure P/4), therefore, as contained in
Rule 9 (3) (i) of the Bihar CCA Rules, the period of deemed
suspension of the petitioner shall be deemed to end when he gives
his joining. As no separate order of continuation of suspension has
been issued by the Department, therefore, on this ground alone as
well as further taking into consideration the Minutes dated
16.05.2024 of the High Powered Committee (Annexure 11B)
which also recommended revocation of suspension of the
petitioner, a strong case is made out in favour of the petitioner.
14 Accordingly, the writ petition preferred by the
petitioner stands allowed.
15 The respondents are directed to revoke the
suspension of the petitioner with immediate effect and they are
further directed to immediately issue order of posting of the
petitioner. It will be done within two weeks from the date of
receipt of a copy of order of this Court.
16 The authorities are further directed to make payment
of full salary to the petitioner with effect from 15.09.2022 after
deducting the subsistence allowance already paid to him during the
period of suspension.
Patna High Court CWJC No.402 of 2025 dt.15-02-2025
17 However, the respondents are at liberty to continue
with the departmental enquiry, which is going on against the
petitioner, in accordance with the rules and laws.
(Arvind Singh Chandel, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.02.2025
Transmission Date NA
