In The State of Bihar Through Chief Secretary & Ors. vs. Ranjeet Kumar Rajak(2025), Patna High Court's Division Bench of Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy observed:"An order revoking the suspension of the writ petitioner had to be passed by the appellants for the reason that without a separate order of suspension, the respondent / writ petitioner could not have been allowed to remain under suspension for a long period. To that extent, we endorse the judgment of the learned Single Judge and direct for revocation of suspension of the respondent /writ petitioner with immediate effect. It would only be in the fitness of things that the respondent /writ petitioner shall be given a posting. This ought to be done within a period of 30 days from the passing of the order. Needless to state such exercise of power of posting of the respondent /writ petitioner would be dependent on whether the authorities would again take a decision to put him under suspension or otherwise, which liberty has also been granted by the impugned judgment."
The 6-page long judgement added: "So far as making payment of full salary to the respondent /writ petitioner w.e.f. 15.09.2022 till the date he is given a posting, is concerned, that would be the subject matter of the authorities concerned, who shall take a decision in this regard within a period of three months from the date of receipt of a copy of this order before the concerned authority. Any departmental proceeding against the respondent /writ petitioner also is required to be concluded expeditiously provided, he co-operates in the proceedings." It disposed the appeal with these modifications in the impugned judgment. It was authored by Justice Kumar and delivered on April 8, 2025. The other give appellants were: The Additional Chief Secretary, Home Department, Government of Bihar, Secretary, Home Department, Government of Bihar, Patna, Director General of Police Government of Bihar, Inspector General of Police (Police Headquarter) and Deputy Secretary, Home Department (Police Section), Government of Bihar,
In Ranjeet Kumar Rajak vs. The State of Bihar Through Chief Secretary (2025), the 11-page long judgement of Justice Arvind Singh Chandel, the Single Judge Bench of Patna High Court had concluded: "The respondents are directed to revoke the suspension of the petitioner with immediate effect and they are further directed to immediately issue order of posting of the petitioner. It will be done within two weeks from the date of receipt of a copy of order of this Court. The authorities are further directed to make payment of full salary to the petitioner with effect from 15.09.2022 after deducting the subsistence allowance already paid to him during the period of suspension." He had delivered the judgement on February 15, 2025. The the petitioner had prayed for issuance of an order, direction or an appropriate writ for a declaration that the deemed suspension of the petitioner from the date of his detention as stipulated in Memo No 7666 dated 02.08.2022 with effect from 12.07.2022 shall be deemed to have ended when the petitioner submitted his joining before the Inspector General of Police (Police Headquarters) on 15.09.2022 which was accepted by the competent authority on operation of the legal fiction stipulated in Rule 3 (i) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (CCA Rules, 2005). He had prayed for issuance of an order, direction or a writ of mandamus for directing the respondent authorities to immediately issue orders of posting of the petitioner on the post of Deputy Superintendent of Police since his suspension is deemed to have ended on 15.09.2022 on operation of legal fiction stipulated in Rule 3 (i) of the CCA Rules, 2005.
He had also sought issuance of an order, direction or an appropriate writ for directing the respondents to make payment of full salary to the petitioner from 15.09.2022 to the date of payment after deducting the subsistence allowance already paid to him for the period of suspension. He had prayed for issuance of an order, direction or a writ of certiorari for quashing and setting aside the order contained in Memo No 7666 dated 02.08.2022 and further for directing the respondent authorities to revoke the suspension of the petitioner with immediate effect since the petitioner was put under deemed suspension in exercise of powers under Rule 9 (2) (a) of the CCA Rules, 2005 with effect from the date of his detention and the aforesaid order is no longer valid after the submission of joining of the petitioner on 15.09.2022.”
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