Back
RAJEEV RANJAN PRASAD
Suneel Kumar Singh – Appellant
Versus
State of Bihar – Respondent
Rajeev Ranjan Prasad, J.—Heard Mr. Y.V. Giri, learned Senior counsel assisted by Mr. Pranav Kumar, learned Advocate for the petitioner and Mr. Prabhat Kumar Verma, learned AAG-3 assisted by Mr. Sanjeev Kumar Ghosarvey, learned AC to AAG-3 for the State.
2. Petitioner in the present case is praying for the following reliefs:—
“(i) To issue an appropriate writ, order, direction in the nature of certiorari for quashing the memo no. 7654 dated 27.07.2021 issued under the signature of Additional Secretary, General Administration Department whereunder the petitioner has been put under suspension in terms of Rules 9(1)(a) &(c) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 as the suspension is based not only on non-existent grounds but it has become protracted and outlived its object and purpose after a lapse of prolonged time period, especially since when the departmental enquiry has not been concluded within the stipulated period of 12 months, in violation of memo no. 2178 dated 28.02.2007 issued by the Department of Personnel & Training, Government of Bihar, and letter no. 2763 dated 26.02.2014 issued by the General Administration Department. (Annexure- 3
The court's decision emphasized the need for the suspending authority to review the suspension and the limitation on the court's interference with the disciplinary authority's actions.
The employer has the right to suspend an employee, and the departmental proceeding must be concluded within a reasonable time.
Government must periodically review prolonged suspensions per G.O. guidelines, ensure subsistence allowance, and expedite disciplinary proceedings.
Prolonged suspension beyond three months without serving charge memo is unsustainable.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
