IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4611 of 2009 PRASHANT KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 2/ 13/04/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 19.12.2008 at annexure-5 placing him under suspension. Learned counsel for the petitioner submits that he is an employee of the Health Department, not under the administrative control of the District Magistrate and, therefore, his suspension by the Civil Surgeon-cum-Chief Medical Officer on the direction of the District Magistrate is bad in law. If the petitioner be an employee of the Health Department, any order of suspension based on directions of an authority having no statutory or administrative control over him stands vitiated by arbitrariness. The petitioner was charged for unauthorized absence from 1.4.2008 to 7.4.2008. He was given a show cause notice when he informed the authorities of his wife’s illness and prayed for casual leave. On 3.11.2008 the in-charge Medical Officer has sanctioned the casual leave for the period in question. 2 If that be so and the sanction of the casual leave be in accordance with law, the order of suspension becomes clearly non est. Whether it be the lack of authority on the part of the District Magistrate or the sanction of the casual leave, on either ground individually, the order of suspension is not sustainable. It is accordingly set aside. If the petitioner files any representation for any arrears of salary including that for the period of suspension, the authorities are obliged to consider the same in accordance with law and pay the legitimate dues forthwith without any unnecessary delay. The application stands allowed. KC (Navin Sinha, J.)