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Patna High CourtCWJC/14027/2018allowed

Dharam Chandan Rajak v. The State Of Bihar And ORS

2019-07-02Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14027 of 2018 ====================================================== Dharam Chandan Rajak S/o late Ram Kishan Rajak resident of VillageBaghmara, P.O. Jasidih, P.S. Jasidih, District Deoghar (Jharkhand). ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Director Primary Education Govt. of Bihar, Patna. 3.

The District Education Officer District Jamui. 4.

The District Programme Officer, Establishment District- Jamui. 5.

The Head Master, Upgraded Middle School, Bara Alliganj, Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Respondent/s :

Mr.Kameshwar Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner has filed the present writ application challenging the order of suspension dated 25.11.2015. On the date of filing the writ petition charge sheet was not served. The grievance of the petitioner is against the arbitrary action of the respondents in putting the petitioner under suspension without framing charge and initiating departmental proceeding.

Considering the aforesaid, the order of suspension dated 25.11.2015 contained in Annexure-1 is hereby quashed.

Patna High Court CWJC No.14027 of 2018(2) dt.02-07-2019 2/2 The respondents are granted liberty to conclude the departmental proceeding, if any, within a period of three months from the date of receipt/production of copy of this order, failing which the departmental proceeding shall automatically come to an end and the petitioner shall be paid all consequential benefit for which he is found entitled.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U