- (1.) THE petitioner has challenged the Notification No. 89 dated 4.3.2008. issued by the Joint Secretary to the Government, Human Resources Development Department, Jharkhand, Ranchi (Annexure -3) putting the petitioner under suspension with immediate effect on the ground that he left the meeting of 20 Point Programmed held on 12.2.2008; called a press conference on 13.2.2008; and as certain administrative irregularities were found prima foci true against him.
(2.) MR . A.K. Sinha, learned senior counsel appearing for the petitioner, submitted that no charge -sheet has been served and, therefore, no departmental enquiry has started against the petitioner as yet. He relied on paragraph -12 of the judgment in the case of State of Orissa vs. Bimal Kumar Mohanty (AIR 1994 Supreme Court 2296). He further submitted that on 5.4.2008, respondent no. 5 was posted at petitioner's place until further orders, in view of the petitioner's suspension. He further submitted that on 5.5.2008, this Court stayed the operation of the impugned order of suspension dated 4.3.2008, so far as petitioner is concerned. Mr. M.S. Akhtar, learned S.C. -II appearing for the State of Jharkhand, supported the impugned order and submitted that the department was justified in putting the petitioner under suspension. Referring to the counter affidavit, he submitted that certain irregularities in the appointment of Para Teachers were raised by the members in the meeting of 20 Point Programmed of Palamau district, finally resulting in adjournment of the meeting with walk -out of the members of the said meeting. The matter was enquired and it was prima facie found that the petitioner has committed irregularities in appointment of Para Teachers and misbehaved with the members as also conducted press conference at his residence and, therefore, he was rightly put under suspension.
(3.) MR . Akhtar could not produce anything to show that the petitioner has been served with the charge -sheet even after expiry of more than four months from the date of his suspension. Therefore, the or -del of suspension dated 4.3.2008 cannot be allowed to continue and it is set aside with liberty to the department to take steps In accordance with law. ;