Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2080 of 2024 ====================================================== Sanjay Kumar Son of Mahesh Prasad Singh, Resident of Mohalla- Hajipur, Police Station- Rafiganj, District- Aurangabad. ... ... 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. 4.

The Superintendent of Police, Vaishali.

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

For the Petitioner/s :

Mr.Krishna Chandra, Adv.

For the Respondent/s :

Mr. Yogendra Prasad Sinha, AAG-7 Mr. Rajeev Kumar Sinha, AC to AAG-7 ====================================================== 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. 455/2022 as contained in Memo No. 1718 dated 27.2.2022 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.2080 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. 13 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