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

IPS officer Rakesh Dubey was suspended as the Bhojpur SP on the alleged charges of working with the sand mafia

Patna: The Bihar government on Wednesday revoked the suspension of IPS officer Rakesh Dubey, 34 months after he was suspended as Bhojpur superintendent of police (SP), following the Central Administrative Tribunal’s (CAT) order. 

(Representative Photo)

Dubey was suspended as the Bhojpur SP in June 2021 on the alleged charges of working with the sand mafia. 

A notification from the Bihar home department said that the Union home ministry had on June 27, 2023, stated that under the provisions laid down in the All India Service (discipline & appeal) rules, 1969, the state government was the competent authority to review his suspension and requested for appropriate steps. 

After that, the review committee on July 7, 2023, 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 CAT, New Delhi, the home department said.

Dubey had moved the tribunal against the action taken by the Bihar government. 

“We have no doubt that this order has been passed without due application of mind, as the January 12, 2024 order of the home department, which extended the suspension, mentions that the case is under investigation”, the CAT bench observed.

“So at this stage, how the evidence could be evaluated for the continuation of suspension is not explicable. Further, it goes on to mention that witnesses are to be inquired and thereafter a proposal for sanction of prosecution shall be submitted. These are sufficient grounds to hold that, as of date, we cannot make a statement that there is established and proven evidence against the applicant. Moreover, we have no doubt in holding that this continued suspension is in contravention to the statutory rules and instructions governing suspension,” said the CAT order while quashing the home department order. 

“As far as the disciplinary proceedings initiated in 2021 are concerned, we are of the view that it would be premature for us to interfere in the same”. 

The tribunal also directed that the inquiry into the charges against the officer be completed within three months. 

“We recognise that apart from initiation of disciplinary proceedings on account of certain allegations contained in the article of charges, no adverse orders have been passed by the respondents. The proceedings are only at the stage of inquiry, although we recognise that for more than two and half years, the inquiry has not progressed, which may have caused harassment to the applicant. Further laxity cannot either be displayed or allowed,” the order mentioned.