Md. Majharul Haque vs State of Jharkhand and Others

The appellant was suspended in the year 1997 but no departmental proceedings were initiated. He challenged the suspension order on the ground that the order of suspension has not been revoked inspite of the fact that seven years have elapsed. The learned single Judge dismissed the writ petition which was being challenged before us in this appeal.

It could be seen from the materials placed before us that though the appellant was suspended in the year 1997 no proceedings were initiated against him only on the ground that a criminal case is pending before a criminal Court. It is admitted fact that though a criminal case is pending, the appellant''s case for revocation of suspension has not been taken up and no proceedings have been initiated inspite of the fact that there is a Government Circular bearing No. 605 dated 18th August, 1978.

In view of the above, we feel that a direction has to be issued to the 1st respondent, the Commissioner-cum-Secretary, Human Resource Development Department, Govt. of Jharkhand to consider the case of the appellant for revocation of his suspension and pass appropriate orders thereafter.

The appeal is disposed of with the above directions.