- (1.) Heard counsel for the petitioner and counsel appearing on behalf of the respondents.
(2.) The instant writ petition is preferred challenging the petitioner's continuation in suspension even after having been released on bail. The prayer is for a direction in the nature of mandamus to pay full salary to the petitioner, along with all consequential benefits with effect from 21.05.2008, the date on which the petitioner reported for duty after being released on bail on 19.05.2008.
(3.) The petitioner is an Executive Engineer in the Department of Water Resources and was posted in the Minor Irrigation Division, Dhanbad. He was arrested on 18.03.2008 red handed while accepting illegal gratification and a Vigilance Case No. 3 of 2008 was instituted against him. Consequent to the criminal proceeding, petitioner was taken in custody on 18.03.2008 and thereafter, was placed under suspension, vide office order bearing 1213 dated 09.05.2008 (Annexure 1 to the writ petition). The controversy in the instant petition revolves around the question that since the petitioner was suspended under Rule 99 of the Jharkhand Service Code, 2001 and, therefore, after his release, the suspension order automatically came to an end.;