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2019 Supreme(SC) 937

D.Y.CHANDRACHUD, INDIRA BANERJEE
State of Jharkhand – Appellant
Versus
Amresh Narayan Sinha – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Dilip Kumar Dubey, Mr. Jayesh Gaurav, Mr. Vishal Arun.
For the Respondent: Mr. Gopal Prasad.

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

1. Leave granted.

2. This appeal arises from a judgment of a Division Bench of the High Court of Jharkhand dated 12 April 2017. The Division Bench directed the appellant that, upon the revocation of the suspension of the respondent, he should be given full pay and allowances for the period of suspension, though the disciplinary proceedings have not been concluded.

3. The respondent was engaged, at the material time, as a Veterinary Officer in the service of the State of Bihar. In June 2005, his services were allotted to the State of Jharkhand after the re-organisation of States. Sanction was issued on February 2006 for his prosecution in CBI Case No. RC 5(A) 2005-Pet under Section 120B, 201, 420, 467, 468 and 471 of the Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

4. The respondent was placed under suspension on 14 March 2012 in contemplation of disciplinary proceedings. On 11 March 2013, he was informed that a decision had been taken to initiate departmental proceedings against him on the charges mentioned in the communication. The High Court passed an order on 28 February 2013 requiring the

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