Kamal Kishore Singh vs State of Jharkhand and Others

D.N. Patel, J

Counsel for the Petitioners submitted that Petitioner was appointed as a Junior Engineer and he was suspended w.e.f. 28th August, 2007 and still the inquiry is going on, though approximately five years'' period is over and the Petitioner is getting 50% of the pay as subsistence allowance.

Learned Counsel appearing for the State has submitted that they will complete the inquiry as early as possible and practicable in accordance with law, if the inquiry is not already completed.

In view of the limited submission, I direct Respondent No. 2 - Secretary, Public Works Department, Jharkhand, Ranchi to see that the inquiry against the Petitioner is completed within a period of eight weeks from the date of receipt of a copy of the order of this Court, in accordance with rules, Regulations, policies and Government enforceable orders, applicable to the Petitioner, after giving an adequate opportunity of being heard to the Petitioner or his representative.

The Secretary is also directed to take the stock of the pending inquiries in his department. Such type of information should be taken in advance, so that the proper direction can be issued by the Secretary for completion of inquiry, as period of five years is much longer period which the State Government ought not to have taken. Enough circulars have been issued by the Government to complete the inquiry within less than six months. It appears that the Secretary, Public Works Department, Jharkhand, Ranchi has not properly appreciated this Circular.

I, therefore, direct the Secretary, Public Works Department, Jharkhand, Ranchi to take all necessary steps for completion of departmental inquiries pending against the employees within a period of two months from the date of receipt of a copy of the order of this Court. In No. circumstances, this time should be extended by the Secretary. If at all any further time is required, necessary application with cogent reasons shall be preferred before this Court by the Secretary, Public Works Department, Govt. of Jharkhand for extending time to complete the inquiries.

Copy of the order shall be sent by the Registry to the Secretary, Public Works Department, Govt. of Jharkhand, Ranchi.

This petition is disposed of with the above directions.