High CourtsSingle Bench

Saroj Kumari vs State Of Bihar And Others

Patna High Court · Decided on 16 June 2020 · Citation: (2020) 06 PAT CK 0149

HON’BLE JUDGES
S. Kumar, J
ACTS & SECTIONS REFERRED
Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 — Rule 9, 9(1)(7), 11
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No.13504 Of 2019
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Judgment

5 paragraphs · 185 words

S. Kumar, J

Heard the parties.

This writ petition was filed for quashing the order dated 9.2.2019 passed by the District Magistrate, Gopalganj by which petitioner was suspended under Rule 9 of Bihar CCA Rules, 2005 in contemplation of departmental proceeding but no memo of charge was served within the stipulated period and as such suspension ought to have been revoked under Rule 9 (1) (7) of Bihar CCA Rules, 2005.

It is submitted on behalf of petitioner that during pendency of writ petition, the order of suspension was revoked and petitioner was exonerated of the charges framed against her in a departmental proceeding conducted against her, however, it is submitted that petitioner is entitled for full salary during the period of suspension whereas, she was paid only subsistence allowance.

The writ petition is disposed of with a direction to the District Magistrate, Gopalganj to decide the admissibility of payment of full salary to the petitioner for suspension period as contemplated under Rule 11 of Bihar CCA Rules, 2005 within three months from the date of receipt/production of copy of order passed by this Court.