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2017 Supreme(Jhk) 2120

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Shree Chandrashekhar, J.
Jafar Alam - Appellant
Versus
State Of Jharkhand - Respondent
Writ Petion (S) No. 3579 of 2017
Decided On : 12-10-2017

Advocates Appeared:
Mr. Ajit Kumar, Advocate, for the Petitioner; Mr. Anshuman Kumar, JC to AG, for the State

Timely completion of departmental proceedings is crucial, and the revocation of a suspension order can be linked to the termination of the departmental proceeding within a specified timeframe.

Headnote:

Suspension - Departmental Enquiry - Court directs termination of departmental proceeding if not completed within three months

Fact of the Case:

The petitioner, a teacher, was placed under suspension based on an alleged delay in implementing a court order regarding arrears of salary. A departmental proceeding was initiated against the petitioner.

Finding of the Court:

The court directed the District Education Officer to ensure termination of the departmental proceeding within three months, failing which the suspension order would be automatically revoked.

Issues: Alleged delay in implementing court order, initiation of departmental proceeding, revocation of suspension order

Ratio Decidendi: The court emphasized the need for timely completion of departmental proceedings and linked the revocation of the suspension order to the termination of the departmental proceeding within three months.

Final Decision: The writ petition was disposed of with a direction to terminate the departmental proceeding within three months, failing which the suspension order would be automatically revoked.

ORDER

Chandrashekhar, J. - The petitioner is aggrieved of order dated 08.06.2017 by which he has been placed under suspension.

2. The petitioner was appointed as a teacher in Project Girls High School, Pratappur on 10.01.1985. When his service was not confirmed he along with one Sarwesh Kumar Singh came to this Court in W.P.(S) No. 1447 of 2013. The writ petition stood disposed of by an order dated 17.04.2013, directing the Director, Secondary Education, Department of Human Resources Development to consider the claim of the applicants therein and pass a reasoned order within eight weeks. It was observed by the Court that if the applicants are found entitled to the claim they shall be given consequential benefits including, the arrears of salary. In compliance of order passed in W.P.(S) No. 1447 of 2013, the Director, Secondary Education passed a reasoned order on 06.08.2013. Before payment to the petitioner and coworker Sarwesh Kumar Singh could be made, the petitioner being the senior most teacher in the school was given charge of Headmaster. It is pleaded that, on an allegation that there was delay on their part, District Education Officers namely, Sri Shiv Narayan Sah, Smt. Mukti Rani Singh, Smt. Sarita Dadel and Sri Mukesh Kumar Sinha were issued show cause notices. The petitioner has brought on record a copy of order dated 08.06.2017 by which Smt. Mukti Rani Singh, the then District Education Officer, Chatra has been let off with a warning to be careful in future. On the basis of this order, the learned counsel for the petitioner submits that the petitioner who was never communicated the order of the court for calculation of arrears of salary, on an erroneous assumption has been placed under suspension.

3. Sri Anshuman Kumar, the learned counsel appearing for the respondent State submits that now a charge memo dated 04.09.2017 has been served upon the petitioner.

4. Whether the petitioner was served an order or directed to calculate the amount payable to the applicants in W.P.(S) No. 1447 of 2013 or not, is a question of fact which shall be decided in the pending departmental enquiry. In view of initiation of the departmental proceeding against the petitioner and order dated 08.06.2017 passed in the case of Smt. Mukti Rani Singh, a direction is issued to the District Education Officer, Chatra to ensure that the departmental proceeding initiated against the petitioner stands terminated within next three months, failing which the order of suspension dated 08.06.2017 shall stand revoked, automatically.

5. Writ petition stands disposed of.

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