Patna High CourtCWJC/16451/2017disposed

Md. Majid v. The State Of Bihar And ORS

2017-11-30Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16451 of 2017 ====================================================== Md. Majid, Son of Late Sheikh Samruddin, Resident at Village- Parsauni (Ward No.12), P.S.- Bairganiya, District- Sitamarhi. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Director, Primary Education, Bihar, Patna.

3. The District Magistrate, Sitamarhi.

4. The District Programme Officer, Sitamarhi.

5. The Block Development Officer, Bairganiya, Sitamarhi.

6. The Block Education Extension Officer, Bairganiya, Sitamarhi.

7. The Headmaster, Middle School at Potahi, P.S.- Bairganiya, DistrictSitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Onkar Nath, Advocate For the Respondent/s :

Mr. Madhaw Prasad Yadav -GP23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 30-11-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Counsel for the petitioner submits that the petitioner was put under suspension vide order dated 17.6.2017 as contained in Annexure-3 but till date the departmental proceeding has not commenced. He submits that the respondents have not even framed the charges.

In view of the fact that the order of suspension is in contemplation of the departmental proceeding, the respondents are required to initiate departmental proceeding and conclude the same

Patna High Court CWJC No.16451 of 2017 dt.30-11-2017 2/2 at the earliest. If the departmental proceeding against the petitioner is not started after framing of charges within a period of three months from today, the order of suspension will automatically stand revoked.

In the event the charge is framed against the petitioner the respondents are required to conclude the same at the earliest preferably within a period of six months. If the enquiry is not concluded within the aforesaid period of six months, the entire departmental proceeding contemplated against the petitioner shall come to an end.

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

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 1.12.2017 Transmission Date