JHARKHAND HIGH COURT ISSUES ORDER ON CHAKRDHARI BARAIK V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, March 28 -- Jharkhand High Court issued the following order on Feb. 24:

1. Heard the parties.

2. The petitioner, in this writ petition, has prayed for following reliefs:-

"a. For issuance of an appropriate writ(s)/order(s)/direction(s), directing the respondent to conclude the departmental proceeding initiated vide Memo No.377 dated 13.05.2025, as contained in Annexure-4, since the petitioner has already filed the reply to the memo of charge before the conducting officer (respondent No.6) as back as on 14.07.2025.

"b. For issuance of an appropriate writ(s)/order(s)/direction(s), directing the respondents to pay the subsistence allowances to the petitioner in view of the office order issued vide Memo No.398 dated 20.05.2025, as contained in Annexure-5, whereby the petitioner has been put under suspension by the respondent No.4 which has not been paid since May, 2025 till date.

c. For issuance of an appropriate writ(s)/order(s)/direction(s), directing the respondents to revoke the suspension order issued by the respondent No.4 vide Memo No.398 dated 20.05.2025, since the petitioner has already appeared and filed the reply to the memo of charge in the departmental proceeding on 14.07.2025 but till date no step has been taken further by the conducting officer (respondent No.6). d. For any other relief or reliefs for which the petitioner is very much entitled under the law in the facts and circumstances of the case."

3. Admittedly, the petitioner was suspended with effect from 20.05.2025. The departmental charge-sheet has already been served upon the petitioner on 13.05.2025 and the petitioner has given a reply on 14.07.2025.

4. Considering the period, I direct the respondents to conclude the departmental proceeding at the earliest preferably within a period of three months. Further, if the departmental proceeding is not concluded within a period of three months, the respondents will consider to revoke the suspension of the petitioner.

5. In the meantime, the respondents will ensure payment of suspension allowance to the petitioner, preferably within a period of three weeks.

6. With the aforesaid observations, this writ petition stands disposed of.

7. Let a copy of this order be served in the office of the learned Advocate General.

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