Supreme Court - Daily Orders
Jitendra Kumar Singh vs The State Of Bihar on 14 August, 2018
Bench: S.A. Bobde, L. Nageswara Rao
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8254 OF 2018
(Arising out of SLP(C) No.16653/2016)
JITENDRA KUMAR SINGH .. APPELLANT(S)
VERSUS
THE STATE OF BIHAR & ORS. .. RESPONDENT(S)
CIVIL APPEAL NO. 8255 OF 2018
(Arising out of SLP(C) No.27308/2016)
O R D E R
C.A. NO. 8254/2018 @ SLP(C)No.16653/2016 Leave granted.
The appellant was suspended in anticipation of initiation of departmental enquiry. The departmental enqiry was contemplated in respect of a letter which the appellant wrote for recommending registration of the bank as a multi-State cooperative bank even though the government had taken a decision to close Signature Not Verified down the said bank. Digitally signed by CHARANJEET KAUR Date: 2018.08.20 16:22:17 IST Reason: The Government issued a charge sheet. 2 However, it is common ground that the departmental enquiry did not proceed. We do not see how the suspension can validly continue.
In the meanwhile, the appellant has been promoted to the IAS Cadre in the Central Government on 14.01.2016 and is no more within the disciplinary control of the respondent-State. This Court has stayed the order of suspension on 08.07.2016. We consider it appropriate in the interest of justice to confirmed the said order and direct that the departmental proceedings shall not proceed and shall stand quashed and set aside.
The appeal is accordingly disposed of. C.A. NO. 8255/2018 @ SLP(C) No. 27308/2016 Leave granted.
The present case is similar to the case 3 decided above in the appeal arising out of SLP(C) No. 16653/2016. However, the only difference is that the appellant herein has retired while he was within the disciplinary control of the State of Bihar. In these circumstances, the order of stay of suspension needs to be confirmed and departmental enquiry proceedings are hereby quashed and set aside. Subject to above, this appeal is also disposed of in terms of order passed in civil arising out of SLP(C) No. 16653/2016.
..................J. [ S.A. BOBDE ] ...................J. [ L. NAGESWARA RAO ] NEW DELHI, AUGUST 14, 2018.
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ITEM NO.7 COURT NO.6 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 16653/2016
(Arising out of impugned final judgment and order dated 30-03- 2016 in LPA No. 1523/2009 30-03-2016 in CWJC No. 18692/2008 passed by the High Court Of Judicature At Patna) JITENDRA KUMAR SINGH Petitioner(s) VERSUS THE STATE OF BIHAR & ORS. Respondent(s) WITH SLP(C) No. 27308/2016 (XVI) Date : 14-08-2018 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. J.P. cama, Sr. Adv.
Mr. Prem Prakash, AOR Ms. Nilakshi Das, Adv.
Mr. Mayan Prasad, Adv.
For Respondent(s) Mr. Abhinav Mukerji, AOR Mrs. Bihu Sharma, Adv.
Mr. Siddharth Garg, Adv. Ms. Purnima Krishna, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the signed order.
[ Charanjeet Kaur ] [ Indu Kumari Pokhriyal ] A.R.-cum-P.S. Asstt. Registrar [ Signed order is placed on the file ]