- (1.) HEARD counsel for the parties.
(2.) THE petitioner was placed under suspension by order contained in Office Order No. 1621 dated 10th October 2009 (Annexure -6) issued by the Respondent No. 4 - Joint Secretary -II, Jharkhand State Electricity Board, Ranchi. As per the submission of the counsel for the petitioner, by the impugned order dated 10th October 2009, he has been placed under suspension with retrospective effect from 2nd August 2009 which is not permissible in law as there is no provision to pass order placing an employee under suspension with retrospective effect under Rule 100 of the Service Code. This view has also been held by a Division Bench of Patna High Court in the case of Bachcho Lal Das vs. State of Bihar & others reported in [1983 PLJR 561]. Learned counsel, by referring to Annexure -11 to the I.A. No. 2970/2013, submits that the Respondent No. 4 - Joint Secretary -II, Jharkhand State Electricity Board by another order dated 9th December 2009, modified the order dated 10th October 2009 whereby petitioner was placed under suspension with retrospective effect i.e. 2nd August 2009 and made it effective from the date of issuance of the order which is in the teeth of well settled legal position.
(3.) SINCE the petitioner has challenged the Annexure -11 dated 9th December 2009 by way of I.A. No. 2970/2013 whereby earlier order of suspension has been modified, the present I.A. is being allowed to enable the petitioner to challenge the order at Annexure -11 dated 9th December 2009 as well.;