- (1.) LEARNED counsel for the petitioner submitted that the petitioner is challenging the order of suspension passed by the respondents dated 30 th June, 2011, which is at Annexure1 to the memo of the petition. The petitioner has been suspended for indefinite time and the reasons have been given that whether the respondents are going to hold any departmental inquiry or not. It is further submitted by learned counsel for the petitioner that the petitioner is also not paid subsistence allowance.
(2.) LEARNED counsel for respondent no. 3 submitted that today they have brought one account payee cheque being no. 176642 of the Indian Overseas Bank, Ranchi Branch, in the name of the petitioner, worth Rs. 2,92,084/. The cheque has been handed over to the learned counsel for the petitioner. Learned counsel for the petitioner has accepted the cheque, under protest and has submitted that this is not a correct calculation of the arrears of subsistence allowance. Still, sizeable amount is yet to be received by the respondents, for which, detail calculation shall be given to the respondents.
(3.) LEARNED counsel for respondent no. 3 further submitted that the order of suspension is not happily worded, but, the petitioner has been suspended for holding departmental inquiry and the departmental inquiry will be completed within a period of four weeks from today. The petitioner will be regularly paid subsistence allowance, in accordance with law. It is also submitted by learned counsel for respondent no. 3 that if the petitioner will give a detail calculation of the amount, which is yet to be received towards subsistence allowance, immediately the decision will be taken upon the said application treating it as a representation. In view of the aforesaid limited submission and looking to the facts and circumstances of the case and also looking to the nature of the allegations levelled against the petitioner, I see no reason to quash and set aside the suspension order. The allegation appears to be that there is long absenteeism and the petitioner had attended the office of respondent no. 3 under the influence of liquor and due to this reason, he has been suspended. In view of the aforesaid facts, I am not inclined to quash and set aside the order of suspension, which is at Annexure1 to the memo of the petition. Nonetheless, I hereby direct respondent no. 3 to complete the departmental inquiry against the petitioner within a period of six weeks from the date of receipt of a copy of the order of this Court. The petitioner will be given adequate opportunity of being heard during course of the departmental inquiry. The petitioner is also directed to cooperate the inquiry and not ask any unnecessary adjournment from the Inquiry Officer, so that the inquiry may be completed within the aforesaid time limit.;