MAHESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD both the parties.

(2.) ON 12 April, 2005 leave was granted to the respondents to file counter affidavit on or before 26th April, 2005, no such counter affidavit had been filed. The petitioner was working as Panchayat Sevak attached to West Borne Gram Panchayat Block, Choutham. By an order dated 26th February, 2004, the petitioner was put under suspension. In the suspension order, it was indicated that on 16th February, 2004 at 12.30 p.m., the petitioner was found absent from his work place when a surprise check was carried out and for that reason the petitioner was put under suspension. In the order of suspension, it was not indicated that the petitioner is being suspended in contemplation of a disciplinary proceedings. On the other hand, by the suspension order itself, a direction was given upon certain authority to enquire into the matter. It must be kept in mind that an order of suspension is not a punishment order and accordingly, by issuing a suspension order no one can be punished. An order of suspension can only be issued in contemplation of a disciplinary proceeding or when an employee had been arrested or detained in custody or a criminal proceeding is pending against him. In the instant case, because the petitioner was not found at his work place on 16th February, 2004 at 12.30 pm., he was put under suspension. This is not permissible for the said suspension order tantamount to an order of pun ishment.

(3.) IN those circumstances, the writ petition is allowed for the petitioner could not be suspended on the ground he had been suspended, inasmuch as the petitioner was on that date and hour was asked to discharge the Government function at a different place than the place where he habitually works. The order of suspension is accordingly quashed. The writ petitioner shall be paid salaries for the period he was put under suspension without any just reason and it shall be open to the State to recover such salary from the person who without making appropriate enquiry put the petitioner under suspension and thereby prevent the State from taking services from the petitioner during the period of his suspension. The remuneration payable to the petitioner which has not been paid for the said order of suspension shall be released and paid to the petitioner within seven days from the date of service of a copy of this order upon the respondent no. 2.