Satish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1082 of 2024 ====================================================== Satish Kumar Singh Son of Ramadhar Singh Resident of Village- Kulharia, Police Station- Koilwar, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar represented through the Principal Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna. 2.

The Director General of Police, Government of Bihar, Patna. 3.

The Additional Director General of Police (HQ), Bihar, Patna. 4.

The Deputy Inspector General of Police, Champaran Range, Bettia 5.

The Senior Superintendent of Police, Patna.

6.

The Superintendent of Police, Bettia ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Chandra, Adv.

For the Respondent/s :

Mr.Kamlesh Kishore, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.a. For issuance of an appropriate writ/writs, direction/directions in the nature of Certiorari for quashing of the Letter as contained in Memo No.- 398 dated 28.07.2021 issued under the signature of Director General of Police, Bihar, Patna by which the petitioner has been put under suspension for more than 2 years and in consequence thereof, the respondents may be directed for ensuring consequential benefits as provided in terms of the provisions of the of Bihar Government Servant (Classification, Control and Appeal) Rules, 2005. b. For further direction to the authorities to

Patna High Court CWJC No.1082 of 2024(2) dt.22-02-2024 2/2 enhance the subsistence allowance of the petitioner in terms of relevant provision of Rule 10 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 on account of departmental enquiry having remained pending for more than a year in the backdrop of the factual position obtaining on record."

2. At the outset, the learned counsel for the petitioner submits that since the order of suspension of the petitioner has stood vacated during the interregnum period, the present writ petition has been rendered infructuous, however a direction be issued to the Disciplinary Authority to conclude the departmental proceeding in question, expeditiously, in view of the fact that the same is pending since more than two years.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Disciplinary Authority to conclude and dispose off the pending departmental proceeding qua the petitioner herein, within a period of six months of receipt/production of a copy of this order.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U