Bihar IPS officer’s suspension lifted after 34 months following CAT order

Patna: The Bihar government on Wednesday lifted the suspension of IPS officer Rakesh Dubey on the orders of the Central Administrative Tribunal (CAT), 34 months after he was suspended from the post of Bhojpur Police Commissioner (SP).

Dubey was suspended from his post as Bhojpur district attorney in June 2021 for allegedly colluding with the sand mafia.

A notification from the Bihar Home Ministry said that the Union Home Ministry had stated on June 27, 2023 that as per the provisions of the All India Service (Discipline and Appeals) Rules, 1969, the state government was the competent authority to review his suspension and called for appropriate action.

Thereafter, on July 7, 2023, the Review Committee extended his suspension till January 12, 2024. From January 12, the committee again decided to extend it for another 180 days, but the order was quashed by the CAT in New Delhi, the Home Ministry said.

Also read: Sand mining raids: Ex-Bhojpur SP did not touch his salary in his 11-year service, says EOU

Dubey had approached the tribunal to protest against the actions of the Bihar government.

“We have no doubt that this order was passed without due consideration as the Home Ministry order dated January 12, 2024 extending the suspension mentions that the case is under investigation,” the CAT noted. court.

“How the evidence for the continuation of the suspension could be evaluated is therefore not clear at this stage. It further states that witnesses shall be examined and thereafter an application for prosecution shall be filed. These are sufficient reasons to conclude that at this stage we cannot say that there is any solid and proven evidence against the applicant. Furthermore, we have no doubt that this continued suspension is contrary to the statutory provisions and directions for suspension,” said the CAT order annulling the Home Ministry’s order.

“As for the disciplinary proceedings initiated in 2021, we consider that it would be premature to intervene in them.”

The court also ordered that the investigation into the allegations against the officer be completed within three months.

“We acknowledge that, apart from the commencement of disciplinary proceedings in relation to certain allegations contained in the indictment, no adverse orders have been made by the respondents. The case is only at the investigative stage, although we recognize that the investigation has not progressed for more than two and a half years, which may have resulted in harassment for the plaintiff. Further negligence cannot be shown or permitted,” the order said.