- (1.) HEARD learned counsel for the parties.
(2.) PETITIONER in this writ application, has prayed for a direction upon the respondents to pay him salary with effect from 29.1.2007 onwards, after he gave his joining for duty, after his release from judicial custody. A further prayer has been made for declaring the order of petitioner's suspension dated 22.5.2006 (Annexure -2) passed under Rule 99 of the Jharkhand Service Code, as having exhausted and automatically ceased to have effect from the date of the petitioner's release from custody on 22.1.2007. The main question, as raised by the petitioner, is: '' 1. Whether in absence of any order passed under Rule 100 of the Jharkhand Service Code, the order passed under Rule 99 of the Code suspending the petitioner from the date of his custody, would stand automatically vacated, on and from the date of his release from custody? 2. Whether, in absence of any specific order passed under Rule 100 of the Code, the 'deemed suspension' under Rule 99 of the Code, would continue?
(3.) FACTS of the petitioner's case in brief is as follows: The petitioner was appointed as a Junior Engineer on 10.2.1979 in the then Irrigation Department (his parent department being the Water Resources Department). Upon allocation of the Jharkhand cadre after bifurcation of the States, the petitioner has been permanently transferred and posted in the State of Jharkhand and his services have been placed in the Rural Development Special Department and he is presently posted in the department at Giridih. A criminal case was instituted by the Vigilance Department against the petitioner and he was remanded to judicial custody on 20.4.2006. On his remand to judicial custody, an order under Rule 99 of the Jharkhand Service Code was passed whereby under the provisions of 'deemed suspension', he was declared to be under suspension. Such order of suspension was passed by the concerned authorities in the Rural Developent Department.;