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PARTHA SARTHY
Suresh Rai, S/o. Tileshwar Rai – Appellant
Versus
State of Bihar, through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner has filed the instant writ application for quashing the order contained in memo no. 620 dated 16.7.2019 issued under the signature of the District Magistrate, Gopalganj in exercise of powers under Rule 9 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as 'the Rules'), for commanding the respondents to immediately vacate the suspension order of the petitioner and to post him at an appropriate place and for other reliefs to which he is found entitled. By way of an amendment petition which was allowed on 29.9.2020, the petitioner has prayed for quashing the order as contained in memo no.541 dated 1.7.2020 issued under the signature of the Circle Officer, Barauli.
3. The case of the petitioner in brief is that while he was posted as a Revenue Karamchari in Circle Office at Manjha in the district of Gopalganj, on the basis of a viral video wherein the petitioner was seen taking illegal gratification for mutation of a land, by order contained in memo no.620 dated 16.7.2019 issued under the signature of the District Magist
The employer has the right to suspend an employee, and the departmental proceeding must be concluded within a reasonable time.
Suspension orders under Rule 5 of the Gujarat Civil Services Rules must be reviewed within 90 days; failure to do so invalidates the suspension.
Petitioner having participated in the proceedings and not contested the penalty order passed thereof, cannot now, at a much later point of time, challenge the charge sheet which resulted in the penal....
Failure to specify treatment of suspension period mandates recognition of the period as on-duty, entitling the employee to full salary.
Pension rights cannot be revoked without adherence to due process, ensuring legal and procedural fairness in disciplinary proceedings, especially when misconduct charges remain pending.
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