Vidya Singh vs The State of Bihar and Others

B.P. Singh and I.P. Singh, JJ.—Heard counsel for the parties, and with their consent this application is being disposed of at this stage.

The Petitioner is aggrieved by the continuance of annexure-1 which is an order of suspension passed on 5.4.1991, placing the Petitioner under suspension with effect from 30th of March 1991 on the ground that he had been arrested and taken into custody. The case of the Petitioner is that he was arrested/detained under the provision of the Bihar Control of Crimes Act, 1981. Ultimately he was released pursuant to the order of this Court on 23.9.1991. He reported for duty on 28.9.1991 but was told that he has been suspended and was not permitted to join, it is also apparent from the order annexure 1 that after the Petitioner was taken into custody and detained, an order was passed on 5.4.1991 placing the Petitioner under suspension with effect from the date of his arrest i.e. from 30th of March 1991.

The submission of the Petitioner is that under Rule 99 of the Bihar Service Code, a person is deemed to be under suspension if he is taken into custody. However after his release from detention custody, if he repots for duty, he must be allowed to join unless any other order of suspension has been passed under Rule 100 of the Bihar Service Code. In this view of the matter the Respondents are directed to permit the Petitioner to join his duty and to pay to him all the dues payable to him in accordance with law. This is subject to any order that the competent authority may pass under Rule 100.

This application is allowed to the extent indicated above.