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2021 Supreme(Pat) 587

BIRENDRA KUMAR
Sailesh Kumar Keshari Son of Sri Jagdish Prasad Keshari – Appellant
Versus
State Of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar – Respondent


Advocates Appeared:
For the Petitioner:Md. Anisur Rahman, Advocate
For the Respondent: Mr. Vikash Kumar

JUDGMENT :

1. In this application, under Article 226 of the Constitution of India, the petitioner has questioned the order of his suspension at Annexure-3 on the ground that none of the ground for suspension is made out. As such, the same suffers from arbitrariness as well as is violative of the legal right of the petitioner to continue in public service.

2. Petitioner was working as Block Development Officer at Charpokhari Block in the district of Bhojpur. On 11.01.2017, the petitioner was trapped while accepting bribe of rupees twenty-five thousand by the Vigilance Authorities and Patna Vigilance Case No.2 of 2017 was registered. Petitioner was taken into custody.

3. Thereafter the petitioner was released on bail in the aforesaid criminal case on 22.03.2017. Vide order dated 20.02.2017, the petitioner was put under suspension for the period when the petitioner was in jail. The said suspension order was revoked on 09.05.2017 vide order at Annexure-C from the date of joining of the petitioner on 23.03.2017.

4. By the impugned order dated 11.05.2017, the petitioner was again put under suspension with effect from 23.03.2017 on the ground of pendency of the aforesaid criminal case.

5.

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