Pramath Patnaik, J. - (1.) In this writ application, the petitioner has prayed for issuance of writ of certiorari for quashing the suspension of the petitioner and for issuance of writ of mandamus commanding the respondents to revoke the suspension of the petitioner and for payment of full salary from the date of suspension till date and for direction to the respondents to post the petitioner in a suitable post to resume his duties.
(2.) Sans details, facts as described in writ petition is that initially the petitioner was appointed as a constable in the erstwhile State of Bihar in the year 1982 in the district of Dumka, where he continued till the year 1988. The petitioner was sent on deputation alongwith other constable and Hawaldar for maintenance of law and order in the district of Aurangabad. From Aurangabad the petitioner was deputed to Goh Police Station. Since the petitioner did not join at Goh Police Station, Superintendent of Police, Deoghar forfeited the salary of the petitioner. Thereafter, on 27.02.1988 placed under suspension by S.P. Aurangabad (respondent No. 7). Being aggrieved by order of suspension the petitioner submitted his representation for revocation of suspension order. Again after bifurcation of State, the petitioner submitted his representation vide Annexure -4 to the writ application but the said representation did not evoke any response. On 14.10.2004 vide Annexure -5, the D.I.G. Dumka Range wrote to the Superintendent of Police, Deoghar i.e. respondent No. 6 as to why no departmental proceeding has been initiated and how the petitioner is put under suspension without any payment of subsistence allowance. Being aggrieved and dissatisfied with long continuous suspension for about 19 years and having no other alternative, efficacious and speedy remedy, the petitioner has approached this court by extra -ordinary jurisdiction under Article 226 of the Constitution of India for redressal of his grievances.
(3.) A counter -affidavit has been filed by S.P., Deoghar i.e. respondent No. 6 repelling the contentions made in the writ application. It has been submitted in the counter -affidavit that the DIG, Police (Administration) on 18.08.1988 issued Last Pay Certificate and the petitioner was sent to Aurangabad (Bihar). It is evident from the letter dated 03.02.2006, the petitioner was transferred to Aurangabad vide Message dated 18.08.2008 of DIG, Patna and dated 16.03.1988 and District Order No. 1219/88 of Deoghar and subsequently Last Pay Certificate issued and the copy of the letter dated 03.02.2006 has been annexed as to the counter -affidavit. It has further been submitted that the matter relates to District of Aurangabad (Bihar). The petitioner was suspended by S.P., Aurangabad (Bihar). Later on the petitioner was transferred to Goh Police Station in Aurangabad (Bihar) and the petitioner was absconding since than. Hence, the matter completely pertains to District -Aurangabad (Bihar). It has further been submitted that there is no violation of fundamental rights and principle of natural justice as the petitioner has absconded since 19 years without any information and valid reason.;