S.J.MUKHOPADHAYA, J. - (1.) THE petitioner, who was posted as Assistant Engineer, NREP, Deoghar was subsequently posted as Assistant Engineer, Road Sub -division, Deoghar, where he is functioning. He was suspended by State of Bihar, vide notification No. 1668(5), dated 8th March, 1999 and a departmental proceeding was initiated by Government of Bihars Resolution No. 6214(S), dated 12th September, 1998. In the meantime, order of suspension was revoked by State of Bihar, vide notification No. 4940(S), dated 18th July, 2000.
(2.) AFTER receipt of show -cause, the State of Bihar issued impugned notification No. 1926(S), dated 23rd March, 2001, imposing punishment of recovery of a sum of Rs. 15,185/ -, with further order that the petitioner will not receive any salary for the period of suspension. The petitioner has mainly raised two questions, namely, the jurisdiction of State of Bihar to punish the petitioner being posted in the State of Jharkhand and the power of respondents to punish the petitioner without differing with the finding of the Enquiry Officer, he having exonerated.
(3.) IN spite of time allowed, no counter -affidavit has been filed by the State of Bihar or the State of Jharkhand.;