NARENDRA NATH TIWARI, J. - (1.) THE petitioner, in this writ petition, has prayed for quashing the office order under Memo No. 770 dated 28 th April, 2007 (Annexure -3), whereby the petitioner has been put under suspension on the allegation of absence from duty. He has also prayed for a direction on the respondents to pay the arrears of subsistence allowance for the period of suspension/and full salary.
(2.) THE petitioner is at present posted as Assistant Teacher in Middle School, Harladih, Block Pirtand, District Giridih. It has been stated that the petitioner has is at the last stage of his service career and is due to retire on 31 st July, 2008. It has been stated that suddenly the petitioner was stopped from working on the ground that he was put under suspension and even the order of suspension was not made available to him. Ultimately, the petitioner had to take resort of the provision of the Right to Information Act for obtaining the copy of the suspension order. The petitioner, thereafter, came to know that he was put under suspension on the allegation that he was found absent during "SCHOOL CHALE HAM Campaign 2007". The petitioner has contended that the order of suspension is wholly illegal, arbitrary and is liable to be quashed. It has been submitted that an employee can be put under suspension only during the pendency of the departmental proceeding or criminal proceeding or in contemplation of the departmental proceeding, but there has been neither any departmental proceeding nor criminal proceeding and as such, the order of suspension, being based on no valid ground, is wholly illegal and without jurisdiction. It has further been submitted that even the petitioner has not been given subsistence allowance of the suspension period and he has been kept under suspension for more than one year and no order has been passed till date, revoking the suspension or otherwise.
(3.) THE respondents have contested the petitioners claim. Learned J.C. to G.P.I appearing on behalf of the respondents submitted that the petitioner was put under suspension, as he was found absent during "SCHOOL CHALEN HAM Campaign 2007" by the Secretary, Road Construction Department, and as such the order of suspension is not arbitrary or illegal. It has been submitted that though the instruction was sought as far back as on 29.10.2007 from District Superintendent, of Education, Giridih, but till date, he did not turn up to file counter affidavit.;