Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23374 of 2011 ====================================================== 1. Rajo Yadav Late Kishun Yadav Rishidih, P.S. Sikandra, Distt. Jamui .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magisgtrate, Jamui 3. The Circle Officer, Sikandra, Distt. Jamui 4. The Superintendent Of Police, Jamui 5. The Officer In Charge, Sikandra, P.S. Distt. Jamui .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Naresh Dass For the Respondent/s : Mr. Awdhesh Kumar Pandey Ga9 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2. 27-01-2012 Heard learned counsel for the petitioner and the State. The petitioner was suspended on 12.6.2009 for having allegedly gone hostile in a Criminal trial under [STATUTE] . in his capacity as a Chowkidar, benefit of which accrued to the accused. It is submitted that the order of suspension does not even contemplate any departmental proceeding. No charges have been drawn up till date. The accused has been convicted by judgment and order dated 31.7.2010 in Sessions Trial No. 211 of Patna High Court CWJC No.23374 of 2011 (2) dt.27-01-2012 2 / 3 2 2008 by the F.T.C. No. IV at Jamui. Suspension is one of the punishments provided in Rule 14 of the Bihar C.C.A. Rules, 2005. There is no justification for a prolonged suspension. The conviction of the accused may have followed is a different matter from the administrative charge against the petitioner. It is possible that despite the petitioner being hostile there may be other evidence also. But to suspend a Government employee, and keep him in that status without commencing departmental proceedings, if what the petitioner contends be correct, cannot be justified. More than reasonable time has already passed since the suspension. The respondents in a nature of the allegations are directed to reconsider the issue of suspension if no departmental proceedings have been initiated till date. Let it be so done within a maximum period of one month from the date of receipt and/or presentation of a copy of this order. The Court makes no observations with regard to the departmental proceedings. The writ application is considered proper for disposal in the aforesaid manner, at the stage of Patna High Court CWJC No.23374 of 2011 (2) dt.27-01-2012 3 / 3 3 admission, rather than to ask for a counter affidavit. The writ application stands disposed. P. Kumar/- (Navin Sinha, J.)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.