HARI SHANKAR PRASAD Vs. STATE OF JHARKHAND
LAWS(JHAR)-2003-9-117
HIGH COURT OF JHARKHAND
Decided on September 10,2003

HARI SHANKAR PRASAD Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by the petitioner against the Notification No. 740 dated 9th October, 2002 and Resolution No. 739, dated 9th October, 2002 issued by the State of Jharkhand, whereby and whereunder, the petitioner has been placed under suspension and a departmental proceeding has been initiated. The petitioner has also challenged the order dated 27th November, 2002 whereby the respondent have rejected the petitioner 'srequest for change of Enquiry Officer and the Presenting Officer.
(2.) THE main plea taken by the petitioner is that the order of suspension and departmental proceeding both have been issued at the instance of the 4th respondent -Smt. Raj Bala Verma who is also the Registrar, Co -operative Societies, Government of Jharkhand because of mala fide on her part and bias against the petitioner, the petitioner has also alleged bias the Enquiry Officer and the Presiding Officer, appointed by the 4th respondent -Smt. Raj Bala Verma. The petitioner has also challenged the jurisdiction of respondent -State of Jharkhand to suspend the petitioner. As the allegation of mala fide is based on a number of facts, as alleged and number of documents have been enclosed by petitioner in its support, before deciding the said issue, it is desirable to decide the preliminary question of jurisdiction at the first instance.
(3.) FROM the facts pleaded by the parties, it appears that the petitioner who was in the services of State of Bihar prior to reorganisation of the State, his services were placed on deputation as Managing Director of Bihar State Co -operative Lac Marketing Federation (for short BISCOLAMF), a Co -operative Society registered with the State of Bihar under Bihar and Orissa Co -operative Societies Act, 1953. Its office being at Ranchi, he was posted at Ranchi, now with the territory of Jharkhand.;


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