Jharkhand High Court
Dr. Bijendra Kumar vs Shri D.K. Tewari on 9 January, 2020
Author: H. C. Mishra
Bench: H.C. Mishra, Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No.870 of 2019
1. Dr. Bijendra Kumar
2. Dr. Dhananjay Kumar
3. Dr. Anil Kumar
4. Dr. Vijay Shankar Singh .... Petitioners
Versus
1. Shri D.K. Tewari, Chief Secretory,
Government of Jharkhand, Ranchi.
2. Ms. Puja Singhal, Principal Secretary,
Animal Husbandry and Fisheries Department,
Government of Jharkhand, Ranchi.
3. The State of Jharkhand. .... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE H.C. MISHRA HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioners : Mrs. Ritu Kumar, Advocate For the Respondents : Mrs. Chandra Prabha, Advocate
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4/9.01.2020 Heard learned counsel for the petitioners and learned counsel for the O.P. State.
2. This application has been filed alleging willful non-compliance of order dated 10.07.2018 passed by this court in WP(S) No.3667 of 2014.
3. Though these petitioners are accused in infamous fodder Scam case in R.C. 48-A/96 PAT, which is presently undergoing trial in the Court of learned Special Judge of C.B.I. (Fodder Scam), Ranchi, the petitioners are admittedly continuing under suspension from the year 2002 itself, on the same ground. They challenged the suspension order in this Court in W.P.(S) No.3667 of 2014 and by order dated 26.6.2019, a status report was called for from the Trial Court below, which showed that the number of charge-sheet witnesses in the case were 1035, out of which, witnesses examined till date were only 594. This Court was of the view that in spite of span of 17 years, most of the witnesses could not be examined and there was no likelihood of conclusion of trial in the near future, which may give rise to a situation, in which some of the petitioners might superannuate during the pendency of the trial in the stage of suspension itself. This Court also took the view that though Rule 49A of Civil Services (C.C. & A.) Rules, provides for keeping a Government servant under suspension, during the investigation, inquiry or trial of the criminal case, but the fact remained that the petitioners had remained under suspension for more than 17 years, which by all stretch of -2- imagination was unduly a very long period of suspension. In the backdrop of these facts, the writ application was disposed of by order dated 10.7.2019 giving the following direction:-
"We accordingly, dispose of this writ application with the direction to the respondents to revoke the suspension of the petitioners and allow the petitioners to perform their general duty as Animal Husbandry Officers at their respective places, but at the same time, they shall not be vested with any financial power. Since admittedly, the petitioners were not the DDOs, there shall not be any issue in making payment of their salary for the work, they shall be performing pursuant to revocation of their suspension."
4. As the order of suspension was not revoked by the respondent authorities, the petitioners had to approach this Court by filing the present contempt application, stating that two of the petitioners are going to retire in the month of January 2020 itself.
5. By order dated 7.11.2019, when this matter was taken up, learned counsel for the State prayed for time for seeking instructions and filing the show-cause, and at her request, the matter was directed to be listed on 27th November 2019. When the matter was again listed again on 27th November 2019, further time for seeking instructions and filing show-cause was prayed by the learned counsel for the State. Taking into consideration the fact that two of the petitioners are going to superannuate in the month of January 2020, we allowed time till 1 st week of January 2020 to the State, specifying that either by that time, the order should be complied with, or the opposite party No.2, i.e., Principal Secretary, Animal Husbandry and Fisheries Department, Government of Jharkhand, Ranchi, shall be present in the Court in person, to explain as to why the order is not being complied with.
6. Today, when this matter is taken up, learned counsel for the opposite party State is seeking further four weeks' time for compliance of the order. A show-cause has also been filed giving the details of the movement of files and seeking four weeks' further time for compliance of the order.
7. Though by order dated 27.11.2019, we had given specific directions for appearance of the Principal Secretary, Animal Husbandry and Fisheries Department, Government of Jharkhand, in the Court, in case of -3- non-compliance of the order, giving sufficient time for compliance of the order in the meantime, but the Principal Secretary is not present in the Court and there is no explanation as to why she is not present. We decry the non-compliance of this direction by the Principal Secretary, Animal Husbandry and Fisheries Department, Government of Jharkhand, and sending an officer, inferior in rank, at her place in the Court.
8. Be that as it may. The fact remains that the order dated 10.07.2019 has not yet been complied with by the State Government, and it is admitted by learned counsel for the State that no appeal has been filed against the said order. In that view of the matter, there can be no reason as to why the order cannot be complied with, except for the lethargic approach of the concerned officials, in particular, the Principal Secretary, Animal Husbandry and Fisheries Department, Government of Jharkhand, Ranchi. Indeed, even in the show cause, the opposite parties have shown their willingness to comply the order.
9. We accordingly, dispose of this contempt petition directing that the suspension of the petitioners shall be deemed to be revoked w.e.f. today itself, and they shall be given the necessary posting in accordance with the order dated 10.07.2018 passed by this court in WP(S) No.3667 of 2014. It goes without saying that henceforth, even in case no posting order is passed, the petitioners would be entitled to full salary and admissible allowances w.e.f. today itself.
10. This application stands disposed of, with the direction as above.
(H. C. Mishra, J.) (Deepak Roshan, J.) R.Kumar