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2021 Supreme(Pat) 592

CHAKRADHARI SHARAN SINGH
Santosh Kumar Son of Tetar Prasad Mehta – Appellant
Versus
State of Bihar Through Chief Secretary Government of Bihar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Kundan Kumar, Advocate Mr. Ranjeet Kumar, Advocate Mr. Jai Kishore Sharma, Advocate Mr. Ayush Kumar, Advocate
For the State : Mr. S.Raza Ahmad (AAG-5)
For BUIDCO :Mr. Rabindra Kr. Priyadarshi, Advocate

JUDGMENT :

1. The petitioner was working as an Executive Engineer in the Public Health Engineering Department (PHED), Government of Bihar when his service was placed under the disposal of Bihar Rajya Jal Parishad by a notification issued by PHED vide Memo No. 489 dated 26.06.2017. The Bihar Rajya Jal Parishad, it has been stated, has since merged in Bihar Urban Infrastructure Development Corporation Ltd. (BUIDCO). The petitioner, upon merger of Parishad with BUIDCO was posted as Executive Engineer, New Capital Division, Patna with additional charge of Beur-Mithapur Zone. Certain other zones were also placed under the petitioner’s jurisdiction.

2. The petitioner, it appears, was subsequently repatriated to his parent department. On the allegation of dereliction in discharge of his official duties and failure on his part to apprise BUIDCO about maintenance of sump houses under his jurisdiction, he has been put under suspension in exercise of power under Rule 9(1)(a) of Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as the ‘Rules’) in contemplation of initiation of departmental proceeding by a notification issued vide Memo No. 367

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