S.J. Mukhopadhaya, J. - (1.) The petitioner, a Chief Engineer, Water Resources (Minor Irrigation) Department, Jharkhand having placed under suspension under Rule 49 -A (1) (a) of the Civil Services (Classification, Control and Appeal) Rules in contemplation of departmental proceedings, has challenged the said order of suspension.
(2.) The petitioner has challenged the order of suspension on amongst the following grounds : v(a) The authority, who has passed the order of suspension, has no jurisdiction to suspend the petitioner being subordinate to the appointing authority of the petitioner; (b) It has been passed to deprive his promotion/posting against higher post of Engineering -in -Chief, five months prior to his retirement; and (c) No charge can be framed against the petitioner for the alleged act of omission and commission, all steps for work in question having started prior to petitioner's posting.
(3.) According to petitioner, by notification dated 12th December, 2001, the petitioner was made Chief Engineer (In -charge) in his own scale of pay. In respect to Kodai Bank Dam, the work had already been given on 19th March, 2002 to one M/s. Topper Construction Pvt. Ltd. with stipulation that it shall commence the work and complete it by 19th March, 2003. Subsequently, by letter No. 839 dated 8th May, 2002, the Engineering -in -Chief instructed the petitioner with regard to review of the Kodai Bank Dam by the Hon'ble the Chief Minister on 3rd and 4th May, 2002 from which one can find the progress of work as reviewed by the Hon'ble Chief Minister. The Engineering -in -Chief, Water Resources Department also inspected the work on 10th May, 2002 alongwith petitioner and four other officers and submitted a report. Meetings were also held and discussion made on 17th May, 2002 with the Hon'ble Chief Minister in which petitioner was also present. A letter was issued on 15.6.2002 that during the Chief Minister's visit in the district of Giridih on 21st June, 2002, he will inaugurate Kodai Bank Water Reservoir and therefore necessary action/step was ordered to be taken. It appears that the reservoir was not completed and it caused a breach during rain submerging the adjoining areas. Further, according to petitioner, the rain fall in the Tisri Block as recorded on 4th and 5th July, 2002 shows heavy, torrential and calamitous rain i.e. 132.6 ram. and 47.4 mm. It was beyond human control which caused breach of the dam. In fact, on the very day i.e. 4th July. 2002, the Chief Minister had visited the site of the dam and unfortunately he being displeased and frowned at the pace of the work of the dam for which there was enormous pressure and the torrential rains caused breach in the hillocks' tagging point. According to petitioner, he having no hand in the matter, cannot be accused, nor a departmental proceeding can be initiated against him much -less an order of suspension.;