Paras Kumar vs The State of Bihar and Others

Shiva Kirti Singh, J.—Heard the parties.

On behalf of Petitioners it has been submitted that as per earlier order of this Court dated 25th July, 2000 contained in Annexure-13 the Respondents were required to issue charge sheet and serve the same on the four persons who were Petitioners in that case within a period of three months from the date of receipt/production of a copy of that order. On failure, the order of suspension in respect of the four persons was to stand revoked on completion of aforesaid period of three months period.

According to Petitioners the said order was communicated to the concerned Respondents on 27.7.2000 and now through supplementary counter affidavit the same is accepted by the Respondents. It is also submitted by the Respondents that charges were though issued on 24.11,2000 but could not be served within the aforesaid period of three months. On such facts the petitioned have prayed that their orders of suspension must be treated as revoked in (sic) of earlier order of this Court contained in Annexure-13.

On behalf of State it has been submitted that charges were framed and issued on 24.11.2000 within a period of three months fixed by this Court but as per peon''s report the charges could not be served on the Petitioners as the peons could not find these persons for the purpose of service. Since the order was an ready served upon the Respondents (sic) July, 2000 itself, hence they should have taken steps in the matter within the time fixed by this Court and at this stage it is not possible for this Court to modify the order dated 25th July, 2000 so as to take away the implications flowing from the said order. Even by earlier order dated 10.11.2000 passed in this case it was communicated that if the charge sheet is found to have not been served within three months period as stipulated by the court then this Court will treat the order of suspension as vacated on completion of the period aforesaid.

In the facts and circumstances of the case the order of suspension must be deemed to have been revoked on com pletion of aforesaid period of three months i.e. on 27.10.2000 because (sic) the charge sheet had not been served on the persons concerned by (sic) date.

However, the department proceeding should be conducted in (sic) cordance with law so as to complete (sic) same expeditiously as observed (sic).

This writ application is according disposed of.