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Patna High CourtCWJC/1584/2024disposed

Chandra Bhushan Shukla v. The State Of Bihar

2024-02-08Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1584 of 2024 ====================================================== Chandra Bhushan Shukla Son of Ghanshyam Shukla Resident of MohallaWard No 11, Panjwar, Police Station-Raghunathpur, District-Siwan. ... ... Petitioner/s

Versus

1.

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

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

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

The Superintendent of Police, Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Chandra For the Respondent/s :

Mr.Additional Advocate General 05 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2024 The present writ petition has been filed seeking the following reliefs:- "1(a). For issuance of an appropriate Writ/Writs, direction/directions in the nature of Certiorari for quashing of the Vaishali District Order No. 2457/2021 as contained in Memo No. 8715 dated 01.12.2021 issued under the signature of Superintendent of Police, Vaishali 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.

Patna High Court CWJC No.1584 of 2024(2) dt.08-02-2024 2/2 (b). For further direction to the authorities to 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 parties are in agreement that the present writ petition can be disposed off with a direction to the Respondents to conclude the ongoing department proceeding i.e. the one bearing Departmental Proceeding No. 5 of 2022, within a period of four months from today, failing which the order of suspension of the petitioner shall stand revoked automatically. It is directed accordingly. 3.

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

(Mohit Kumar Shah, J) Ajay/- U