S.J.MUKHOPDHAYA, J. - (1.) IN both the cases, as common question of law is involved and similar Notifications of supension both dated 30th July, 2003 (Notification Nos. 6211 and 6212 ) are under challenge, they were heard together and are being disposed of by this common judgment
(2.) THE petitioner, Niranjan Jha of WP(S) 4C33 of 2003 while posted as Assistant Engineer, Rural Development Department, Ranchi, Special Division, Jamtara has been suspended by Notification No. 6212, dated 30th July, 2003 issued from the Rural Development Department of State of Jharkhand in contemplation of a departmental proceeding. The other petitioner, Yadunandan Das of WP (S) No. 4037 of 2003 while posted as Superintending Engineer, Rural Development, Special Circle, Hazaribagh has been suspended, vide Notification No. 6212, dated 30th July, 2003 issued from the Rural Development Department of State of Jharkhand. The counsel for the petitioners attacked the orders of suspension on two grounds, namely, (i) the parent department of petitioners being Water Resources Department and both the petitioners being posted on deputation in Panchayati Raj and NREP (Special) Department of State of Jharkhand,the State Government from its Rural Development Department has no jurisdiction to suspend the petitioners; and (ii) the orders of suspension are mala fide having issued at the instance of the respondents Sanjay Kumar Pandey and Shambhu Sharan Singh President and Secretary of Bharatiya Janata Party Pandu Unit, Palamau. Though the petitioners have alleged mala fide against the private respondents, as named above, taken plea that the order of suspension have been issued at their instance, but no specific instance has been cited nor any evidence enclosed with any of the writ petitions to hold mala fide against the respondents aforesaid.
(3.) THE counsel for the petitioners submitted that the best proof of mala fide can be seen from File No. VI -3 AA -194/03 which deals with suspension of petitioners, if the Court calls for the aforesaid file. It was suggested that the petitioners were suspended on account of political patronage to the party workers of BJP ruled Government, the petitioners have been placed under suspension against all known norms of Governmental decisions making process.;