IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19952 of 2010 Krishna Murti Prasad, son of Late Bhagwat Prasad resident of village Hemampur, ward no.-11, P.O. + P.S. Dighwara, District Saran …Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Urban Development, Govt. of Bihar, Patna. 3. The District Magistrate, Saran at Chapra 4. The Nagar Executive officer cum Circle Officer, Dighwara, Saran 5. The District Panchayat Raj officer, Saran 6. The Sub-Divisional Officer, Sonepur, Saran 7. The Executive Officer, Dighwara, Saran 8. The Chairman cum Presiding officer empowered standing committee (Sashakt Asthai Samiti) Nagar Panchayat Dighwara, Saran. 9. The Deputy Chairman cum member empowered standing committee (Sashakt Asthai Samiti) Nagar Panchayat Dighwara, Saran. …Respondents For the petitioner :Mr. Shashi Shekhar Tiwary For the State :Mr. Anjani Kumar, A.A.G.10 & :Mr.Sanjay Kumar, A.C. to A.A.G.10 For Respondent Nos. 4.7,8 & 9 :Mr.Ranjeet Kumar Pandey ----------- 05. 08.08.2011 Heard learned counsel for the petitioner, learned Addl. Advocate General No. 10 and learned counsel for the Respondent-Nagar Panchayat. Petitioner while serving as Tax Daroga under Nagar Panchayat, Dighwara, was made accused in criminal case. Accordingly, he was taken into custody on 28.05.2008. Respondents came out with the aforesaid order placing him under suspension on account of the fact that he was arrested in connection with a criminal case on 28.05.2008. Respondent in the said order referred to the provisions contained in Bihar 2 Service Code. Petitioner was released from jail custody on 14.10.2009 and accordingly he approached the Respondent- Executive Officer, Nagar Panchayat for revocation of his suspension. The said matter remained pending which propelled the petitioner to approach this Court with a prayer that respondents be directed to accept his joining after his release from jail custody. While assailing the order, learned counsel for the petitioner submits that the order itself declares that under the provisions of the Bihar Service Code, the aforesaid order has been passed. Relying on a circular of the Government issued in the Department of Personnel and Administrative Reforms dated 27.03.2006, it is submitted that after coming into force of Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, the provision of Bihar Service Code would not be applicable for placing an employee under suspension. Learned counsel submits that the order is fit to be interfered with since it invokes jurisdiction conferred under Bihar Service Code which is not applicable. It is next contended that in terms of the provision(s) contained in rule 9 (2) of the 2005 Rules, a fresh order is required to be passed as soon as the delinquent is released from jail custody. A counter affidavit has been filed on behalf of the respondents in which a stand has been taken that a departmental proceeding has already been initiated inasmuch memo/articles of charge have already been framed and served on the 3 petitioner on 25.05.2009. Without going into that aspect of the matter, this Court is inclined to interfere with the order as contained in Annexure-B to the counter affidavit only on the ground that the same suffers from non-application of mind inasmuch as the provisions referred therein are no longer in existence for passing the order of suspension. The order contained in Annexure-B to the counter affidavit is, therefore, quashed. The State-Respondent and/or Nagar Panchayat shall pass a fresh order in accordance with law within two weeks from the date of receipt/production of a copy of this order. At this stage, learned counsel for the petitioner submits that the petitioner is not in receipt of subsistence allowance for the period he has been placed under suspension. This stand has been controverter in the counter affidavit filed on behalf of the Nagar Panchayat. However, this court, in the facts and circumstances of the case, would permit the petitioner to file a fresh representation in this regard before the concerned authority of the Respondent-Nagar Panchayat who shall consider and dispose of the same in accordance with law within a period of three weeks of its filing. hr ( Kishore K. Mandal )