SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(Pat) 218

PATNA HIGH COURT
Rajesh Balia and Barin Ghosh JJ.
Chandra Shekhar Prasad
Versus
State Of Bihar
Letters Patent Appeal No. 37 of 2008 ;
Decided On : JANUARY 31, 2008

Headnote:Bihar Government Servants (Classification, Control .and Appeal) Rules, 2005-Rule 9-Suspension-Time limit-Suspension order automatically comes to an end on expiry of three months from the date of order where no charge-sheet has been issued before the expiry of three months or no order extending the period of suspension has been made by a reasoned order-In case either of the conditions is satisfied, suspension order shall remain in force.

       (Paras 4 and 5)

       

Judgment

1. Heard learned counsel for the parties.

2. Learned counsel for the appellant petitioner states that he has challenged the order of suspension dated 3rd October, 2007 which does not discJose that it is in contemplation of any disciplinary enquiry to be initiated against him and no charge-sheet has been served against him so far in fact. He further submits that no further order of extending the suspension order has been made up till now.

3. The learned Single Judge has interpreted the order alongwith the materials placed by the respondents on record, an order in contemplation of enquiry and dismissed the writ petition. While dismissing the writ petition the learned Single Judge directed for issuing charge-sheet within the prescribed time under sub-clause (7) of Rule 9 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005.

4. In the facts and circumstances and in the light of statements made by learned counsel for the appellant petitioner, we do not propose to go into the merit of the order dated 3.10.2007. Accepting the statement of learned counsel for the appellant petitioner to be correct, the suspension order automatically comes to an end on expiry of three months from the date of the order where no charge-sheet has been issued before the expiry of three months or no order extending the period of suspension has been made by a reasoned order.

5. Since according to learned counsel for the appellant both things have not happened, the suspension order has come to an end automatically. However, in case either of the conditions has been satisfied before 3rd January, 2008, the suspension order shall remain in force.

6. In the circumstances, the appeal stands disposed of with the aforementioned observations.


Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top