Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.14703 OF 2012 ================================================== AJAY KUMAR THAKUR S/O SRI MAHENDRA THAKUR R/O C/303, HARI RADHA APARTMENT, NORTH S.K. PURI, P.S.- S.K. PURI, DISTRICT-PATNA .... .... PETITIONER/S VERSUS 1.THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY GENERAL ADMINISTRATION DEPARTMENT, GOVT. OF BIHAR, PATNA. 2.THE PRINCIPAL SECRETARY GENERAL ADMINISTRATION DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.THE PRINCIPAL SECRETARY RURAL DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 4.THE DEPUTY SECRETARY GENERAL ADMINISTRATION DEPARTMENT, GOVT. OF BIHAR, PATNA. 5.THE DEPARTMENT, GOVT. OF BIHAR, PATNA. 6.THE UNDER SECRETARY GENERAL ADMINISTRATION DEPARTMENT, GOVT. OF BIHAR, PATNA. 7.THE DEPARTMENT, GOVT. OF BIHAR, PATNA. 8.OFFICER-ON-SPECIAL DUTY GENERAL ADMINISTRATION DEPARTMENT, GOVT. OF BIHAR, PATNA. SECRETARY DEVELOPMENT DEVELOPMENT SECRETARY DEPUTY JOINT RURAL RURAL .... .... RESPONDENT/S =================================================== Appearance : For the Petitioner/s : Mr. Chittaranjan Sinha no.1, Sr. Advocate Mr. Naresh Dikshit, Advocate For the Respondent/s : Mr. Rishiraj Sinha GP-19 =================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2/ 30-01-2013 Having heard counsel for the parties as
Legal Reasoning
are prima facie the materials on which at least the delinquent can file his written statement of defence. If any further referable document to the memo of charge is still required and has not been supplied by the authority, the delinquent can always get it in course of proceedings enabling him to file his supplementary written statement of defence but he cannot keep the departmental proceeding pending for an indefinite period only in the name of supply of documents. From the counter affidavit it is clear that the petitioner has been given repeated reminders for filing his written statement of defence and yet the petitioner has not done so, till date. Mr. Chitranjan Sinha, learned senior counsel appearing on behalf of the petitioner has however now submitted that the petitioner will submit his written statement of defence within a period of two weeks from today. Patna High Court CWJC No.14703 of 2012 (2) dt.30-01-2013 4 In view of the above, this Court would direct for completing the departmental proceeding in the following manner:- (i) Once the petitioner files his written statement of defence, the Principal Secretary of the General Administration Department shall obtain the order of the Government for appointment of inquiry officer which must be done within a period of 15 days of filing of the written statement of defence by the petitioner. (ii) The petitioner will have the liberty to raise the question of non supply of relevant documents before the inquiry officer and the inquiry officer shall decide the claim of the petitioner as with regard to supply of the relevant documents. If the inquiry officer finds that certain relevant documents referable to the memo of charge were not supplied to the petitioner, he would direct the Presenting Officer to produce those documents within a period of 15 days so that the same is served on the petitioner in next one week. After supply of additional documents if any, the petitioner must file his supplementary and final written statement of defence in next 15 days. (iii) Once such written statement of defence of the petitioner is filed, the inquiry officer shall proceed to conduct the inquiry on day to day basis and would ensure that the whole proceeding Patna High Court CWJC No.14703 of 2012 (2) dt.30-01-2013 5 including the submission of inquiry report is completed within a period of six months from the date of filing of the final written statement of defence by the petitioner. (iv) Upon submission of the inquiry report, the disciplinary authority must ensure that the final decision is also taken within a period of next three months from the date of submission of the inquiry report. (v) It is made clear that if the petitioner does not co-operate either in respect of the filing of the written statement of defence or in course of departmental inquiry, the inquiry officer shall proceed ex parte and conclude the proceedings within the aforesaid time limit and the disciplinary authority shall also thereafter pass his final orders within the time limit as indicated above. With the aforementioned observations and
Arguments
also Mr. D.S. Gangwar Principal Secretary General Administration department with regard to the following relief:- "For setting aside the resolution as contained in Memo no. 3708 dated 26.4.2010 (Annexure-4) issued under the signature of Deputy Secretary, Department of General Administration, Patna High Court CWJC No.14703 of 2012 (2) dt.30-01-2013 2 Govt. of Bihar whereby and whereunder the petitioner has been placed under suspension from the date of issuance of the ibid letter under rule 9(1) of Bihar CCA Rule, 2005." this Court for the time being is not inclined to set aside the impugned order of suspension of the petitioner dated 26.04.2010. Normally, the order of suspension pending departmental proceeding cannot be allowed to continue for a period of three years as has been done in the case of the petitioner but then in view of the stand taken by the respondents in the counter affidavit it appears that it is the own making of the petitioner that his order of suspension has continued till date. This Court is conscious of the main grievance made by the petitioner in this writ application namely, that though the petitioner after being suspended was given copy of the memo of charge, the documents necessary for filing the written statement of defence as sought by him were not supplied. That, however in the opinion of this Court could not have deprived the petitioner in filing his preliminary written statement of defence with an objection and also by keeping his right reserved to file supplementary and final written statement of Patna High Court CWJC No.14703 of 2012 (2) dt.30-01-2013 3 defence. In that case the departmental proceedings could have commenced and also come to an end. It is needless to over eemphasize the necessity of supply of necessary documents for filing other written statement of defence but then the listed documents in the memo of charge
Decision
direction, this application is disposed of. Personal appearance of Mr. D.S Gangwar, Principal Secretary, General Administration Department is hereby dispensed with. Ranjan (Mihir Kumar Jha, J)