Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20496 of 2012 ====================================================== Ramdeo Yadav, S/o Lakhan Yadav, R/o Village- Premjiwar, Post Office- Laheriasarai, Police Station- Bahadurpur, District- Darbhanga. .... .... Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna. 2. The Principal Secretary, Food and Consumer Protection Department, Government Of Bihar, Patna. 3. The Deputy Secretary, Food and Consumer Protection Department, Government Of Bihar, Patna. 4. The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Sone Bhawan, Beerchand Patel Path, Patna. 5. The District Magistrate-Cum-Collector, Darbhanga. 6. District Manager, State Food Corporation Darbhanga, At Sone Bhawan, Beerchand Patel Path, Patna. 7. Sub-Divisional Officer, Benipur, District- Darbhanga. 8. The Block Development Officer, Benipur, Distt.- Darbhanga. .... .... Respondents ====================================================== For the Petitioner : Mr. Gajendra Prasad Yadav, Advocate. For the State : Mr. Sanjay Kr No.2, G.A.-5. For the B.S.F.C : Mr. R.S. Pradhan, Sr. Advocate with Mr. Amrendra Kr. Rai, Advocate. ====================================================== P R E S E N T : HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 4 23-11-2012 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the respondents to revoke the suspension of the petitioner and to reinstate him on his post of In-charge Assistant Godown Manager, Benipur as well as for other ancillary reliefs. 3. Learned counsel for the petitioner submits that he is in service of the Bihar State Food & Civil Supplies Corporation Patna High Court CWJC No.20496 of 2012 (4) dt.23-11-2012 2 Limited (hereinafter referred to as ‘the Corporation’ for the sake of brevity) and in the year 2011 he had been working as In-charge Assistant Godown Manager at Benipur in the district of Darbhanga when one Rajesh Kumar Mandal filed a complaint before the Block Supply Officer on 25.04.2011 alleging that the petitioner got the dealer’s food grains lifted by someone else. 4. The said matter was reported to the Sub-Divisional Officer, Benipur who called for an explanation from the petitioner and after submission of explanation by the petitioner, the Sub-Divisional Officer, Benipur submitted his report on 09.06.2011 to the District Magistrate, Darbhanga that wheat and rice of BPL and Antyadaya Quota of March 2011 was black marketed and recommended for legal and departmental action against the petitioner. 5. The District Magistrate called for an explanation from the petitioner and the petitioner submitted his reply, whereafter the petitioner was put under suspension vide order dated 19.07.2011 by the Managing Director of the Corporation on the recommendation of the District Magistrate, Darbhanga dated 13.07.2011. 6. Learned counsel for the petitioner states that much thereafter charges were framed against the petitioner on Patna High Court CWJC No.20496 of 2012 (4) dt.23-11-2012 3 02.12.2011 and on the same date i.e. 02.12.2011 the Chief Administrator of the Corporation directed the District Manager of the Corporation at Darbhanga to get an F.I.R. lodged against the petitioner and accordingly F.I.R. was lodged initiating Bahera P.S. Case No.05 of 2012 dated 06.01.2012 for offences punishable under [STATUTE] . 7. The grievance of the petitioner is that although the petitioner was suspended in July 2011 and charges were framed in December 2011, but till date nothing has been done against the petitioner in the departmental enquiry, whereas the Sub- Divisional Police Officer, Biraul found in his supervision note dated 06.06.2012 that dealer Manoj Mandal was not admitted in Mahabir Cancer Sansthan and he had gone on 19.04.2011 for check up and came back and lifted food grains of March 2011 on that date, which is also supported by the witnesses and Rajesh Kumar Mandal the son of dealer. It was also mentioned therein that Rajesh Kumar Mandal the son of dealer had filed complaint due to misconception. It was also stated that the wife of the deceased dealer Manoj Mandal in her affidavit said that the food grain was lifted by her. In the said circumstances learned counsel for the petitioner avers that there was no occasion for initiating a Patna High Court CWJC No.20496 of 2012 (4) dt.23-11-2012 4 departmental proceeding against the petitioner or suspending him and hence the respondents are duty bound to revoke the suspension of the petitioner. 8. On the other hand, learned counsel for the respondents opposes the contentions of learned counsel for the petitioner and submits that Enquiry Officer has already been appointed in the case and enquiry as well as departmental proceeding would be concluded without any further delay. He further submits that departmental enquiry can not be dependent upon any supervision note of the Sub-Divisional Police Officer and the Enquiry Officer as well as Disciplinary Officer have to proceed in accordance with the Rules and Regulations of the Corporation. 9. Considering the averments made by learned counsel for the parties and the materials on record, it is quite apparent that after suspension of the petitioner, charges have been framed and Enquiry Officer has been appointed, but some delay has occurred in completing the enquiry. 10. So far the claims of petitioner based on some affidavits and statements are concerned, they will be taken into consideration during departmental proceeding and this court does not express its opinion about the same. Furthermore, the Patna High Court CWJC No.20496 of 2012 (4) dt.23-11-2012 5 supervision note of the Sub-Divisional Police Officer may also be considered by the authority concerned along with other materi

Applicable IPC Section: 409

Statute Text:
Section 409 of the Indian Penal Code. Criminal breach of trust by public servant or by banker, merchant or agent, etc. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.