Patna High Court CWJC No.19804 of 2011 (2) dt.05-12-2011 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19804 of 2011 ====================================================== 1. Santosh Kumar S/O Late Parmanand Prasad Resident Of Village Usri, P.S. Gogri Jamalpur District Khagaria At Present Typist In District Dairy Development Office Bhagalpur .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Secretary Dairy Development Department Bihar, Patna 3. The Director, Dairy Development Directorate, Bihar, Patna 4. The Regional Secretary Dairy Development Department, Bihar, Patna 5. The District Dairy Development Officer Supaul 6. The District Dairy Development Officer Madhepura 7. The District Dairy Development Officer, Bhagalpur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Nafisuzzoha For the Respondent/s : Mr. Yogendra Pd. Sinha Aag15 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2 05-12-2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by his order of suspension dated 24.6.2011 issued under Rule-9(1)(c) of the Bihar Civil Services (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as the Rules). Learned counsel for the petitioner acknowledges that on the allegations contained in the memo of charges dated 8.8.2011 a First Information Report has also been lodged on 15.6.2011 under the provisions of the Indian Penal Code. It is submitted that the police case at this stage are mere Patna High Court CWJC No.19804 of 2011 (2) dt.05-12-2011 2 allegations yet to be proved in the trial and therefore there is no justification to continue with the suspension. If a criminal case has been lodged the Court finds no reason to interfere with the order of suspension under Rule- 9(1)(c) as held by a Full Bench of this Court in 2009(4) P.L.J.R. 272 (State of Bihar vs. Gyan Kumar Ram). The application is dismissed. Krishna Chandra Jha/- (Navin Sinha, J)