IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3576 of 2009 JANARDAN SINGH, aged about 51 years, son of Late Harbansh Singh, Resident of Village- Fulwaria, Post Office- Fulwaria, Police Station- Gurua, District- Gaya :----- Petitioner. Versus 1. THE STATE OF BIHAR through the Commissioner-cum-Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna. 2. The Divisional Commissioner, Magadh Division, Gaya, District- Gaya 3. The District Collector, Gaya. 4. The Sub-Divisional Officer, Sadar, Gaya. 5. The Block Development Officer, Town Block Gaya, (Chandauti), District- Gaya :--Respondents. ----------- 02. 01.07.2009 Counsel for the petitioner is present. Although the copy of the brief was served on G.P.-15 but none is appearing on his behalf. 2. Petitioner is a Panchayat Sewak. He is aggrieved by the Suspension Order bearing Memo No. 1409 dated 2.12.2008, Annexure-1 issued under the signature of the District Magistrate, Gaya, whereunder he has been placed under suspension as he is accused in Chandauti (Chakand) P.S.Case No. 51 of 2008 for the offence under Sections 471, 406 and 120B of the Penal Code in which he was taken in custody on 24.10.2008. 3. It is submitted on behalf of the petitioner that from perusal of the impugned order dated 2.12.2008, Annexure-1 it will appear that the same has been passed as petitioner was taken in custody and still continued in detention with further direction that as and when petitioner will be released from jail he will be served with memo of charge drawn in Form-Ka. It is submitted that petitioner was released from jail custody in connection with Chandauti (Chakand) P.S.Case No. 51 of 2008 on 28.11.2008 and he submitted his joining before the Block Development Officer on 1.12.2008 but without noticing such facts the order proceeds on the basis that he is still in custody. As such it is writ large that the order dated 2.12.2008, Annexure-1 has been passed without ascertaining the true facts and it would be difficult for this Court to hold that the order is a result of proper application of mind. 4. Let the petitioner file a representation against the order dated 2.12.2008, Annexure-1 before the District Magistrate, Gaya stating the aforesaid facts and if it is true that he was released from jail custody on 28.11.2008 and submitted his joining - 2 - before the Block Development Officer on 1.12.2008 then the impugned order dated 2.12.2008, Annexure-1 be recalled, however, the District Magistrate shall be at liberty to pass fresh orders in accordance with law. It is made clear that for the period of suspension the petitioner be paid his subsistence allowance in accordance with law within the same time. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)