IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1596 of 2011 In Civil Writ Jurisdiction Case No. 9379 of 2011 With Interlocutory Application No. 7425 of 2011 In Letters Patent Appeal No.1596 of 2011 ====================================================== Ashok Kumar Singh son of Sri Ram Ekbal Singh resident of Pachlakh, P.S. Parsa Chapra, District-Saran at Chapra at present under suspension, Rural Works Department, Government of Bihar, Patna. .... .... Petitioner-Appellant Versus 1. The State of Bihar. 2. The Secretary, Rural Works Department, Government of Bihar, Patna. 3. The Special Secretary, Rural Works Department, Government of Bihar, Patna. 4. The Superintending Engineer (Flying Squad) Rural Works Department, Government of Bihar, Patna. .... .... Respondents-Respondents ====================================================== Appearance : For the Appellant : Mr. Binod Kumar, Advocate For the Respondents : Mr. Binay Kumar Pandey, A.C. to SC-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 25-10-2011 Interlocutory Application No. 7425 of 2011: Delay of 18 days occurred in filing the Letters Patent Patna High Court LPA No.1596 of 2011 (2) dt.25-10-2011 2 / 3 2 Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1596 of 2011: Feeling aggrieved by the order dated 2nd August 2011 made by the learned single Judge in above C.W.J.C. No. 9379 of 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. Under Notification dated 7th June 2011, the appellant, an Executive Engineer in Rural Works Department, has been placed under suspension. He has been issued the charge sheet in respect of inferior quality of road constructed under his jurisdiction. Feeling aggrieved, the appellant filed the writ petition under Article 226 of the Constitution. In view of the memo of charge issued against the appellant, the learned single Judge has dismissed the writ petition. Therefore, the present Appeal. Learned advocate Mr. Binod Kumar has appeared for the appellant. He has assailed the order of the learned single Judge. He has submitted that the disciplinary proceeding may continue against the appellant but the order of suspension made against him be revoked. Having regard to the nature of allegation made against the appellant and that the order of the suspension has been made under Rule 9(1)(Ka) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005, the order of suspension need not be interfered with. However, the respondents will complete the disciplinary proceeding as early as possible subject to cooperation of the appellant. In the event the disciplinary proceeding is not Patna High Court LPA No.1596 of 2011 (2) dt.25-10-2011 3 / 3 3 completed within six months from today, the appellant may renew his request for revocation of the order of suspension. Subject to the above liberty reserved to the appellant, Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)