Naresh Kumar Yadav vs The State of Jharkhand and Others

D.N. Patel, J.—Learned Counsel for the petitioner submitted that the petitioner is under suspension and the departmental inquiry is going on from March 2011 and the inquiry has not yet been completed and during the period of suspension, the petitioner has been transferred, for which, separate interlocutory application has been instituted for getting stay, in which, this Court vide order dated 16th August, 2011 has stayed the order of transfer dated 23rd June, 2011, which is at AnnexureIA/2 to the interlocutory application, till today.

Learned Counsels for the respondents submitted that today a counter affidavit has been filed, in which, it has been stated that inquiry, pending against the petitioner, will be completed within a period of three months.

In view of the aforesaid submissions and looking to the nature of allegations levelled against the petitioner, the respondents have all right to conduct the inquiry against the petitioner. Departmental inquiry is already going on and as per the counter affidavit filed today by the Deputy Superintendent of Police (H. Qr.), Ranchi, the inquiry will be completed within a period of three months. I therefore direct the respondents to complete the inquiry, pending against the petitioner, within a period of three months from today. In no circumstance, the time limit granted hereinabove will be extended by the respondents themselves, for getting the extension of time limit to complete the inquiry, separate application will be preferred by the respondents before this Court with specific reasons. Meanwhile, the order of stay, passed by this Court dated 16th August, 2011 against the order dated 23rd June, 2011, which is at AnnexureIA/2 to the interlocutory application, shall be continued to remain in operation, till the departmental inquiry is over.

Learned Counsel for the petitioner submitted that the petitioner is not getting subsistence allowance since last two months.

I therefore direct the Inspector General of Police, Ranchi to see that the subsistence allowance is paid to the petitioner, regularly and whatever is accumulated, shall be paid within a period of fifteen days from today.

The writ petition as well as I.A. No. 2077 of 2011 are disposed of, in view of the aforesaid directions.