NARENDRA NATH TIWARI,J. - (1.) THE common question arises in these writ petition(s) is as to whether the petitioner(s), whose parent department is Road Construction Department, can be put under suspension by the authority of Rural Development Department, Government of Jharkhand.
(2.) IDENTICAL relief(s) have been sought by the writ petitioner(s) for quashing their suspension order and for a direction to pay subsistence allowance during the period of suspension. Writ petitioner of W.P.(s) No. 814 of 2007 was appointed as an Assistant Engineer by notification dated 25th November, 1981 in Public Works Department, which is now known as Road Construction Department. He was subsequently promoted to the post of Executive Engineer in December, 2003. He was sent on deputation in Rural Engineering Organisation on 16th December, 2003 and since thereafter he has been working at Jamshedpur in Works Division of Rural Engineering Organisation. It has been stated that the petitioner was surprisingly put under suspension by Notification No. 4558 dated 3rd July, 2006 issued under the signature of Deputy Secretary, Rural Development Department, Government of Jharkhand, (Annexure -3) on the allegation of irregularity and illegality on the part of the petitioner in the construction work. The petitioner has alleged mala fide and want of jurisdiction in issuing the impugned order of suspension. It has been stated that since his parent department is Road Construction Department, any proceeding or order of suspension can be issued by that department and not by the department of Rural Engineering Organisation, where he was on deputation. The petitioner has stated that since after his suspension, not even a penny has been paid to him towards subsistence allowance and, accordingly, he has sought direction on the respondents to pay the subsistence allowance as well.
(3.) WRIT petitioner of W.P.(S) No. 824 of 2007 was appointed as Junior Engineer by notification dated 21st February, 1983 in Public Works Department, now Road Construction Department. He was sent on deputation in Rural, Engineering Organisation Department in the year 1987. In course of the deputation, the petitioner suddenly received the order of suspension by Notification No. 4562 dated 3rd July, 2006 issued under the signature of Deputy Secretary, Rural Development Department, Government of Jharkhand, (Annexure -3) alleging irregularity and illegality on the part of the petitioner in the construction work and initiation of departmental proceeding against him. The petitioner has alleged that since after his suspension, subsistence allowance has not been paid to him.;