Anjay Kumar Roy v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6029 of 2017 ====================================================== Anjay Kumar Roy, Son of Sri R.B. Roy, resident of village - Samsipur Diara, P.S. Bachhwara, District - Begusarai, at Present posted as Executive Officer, Nagar Parishad, Chapra, P.S. Chapra, District - Saran .... .... Petitioner

Versus

1. The State of Bihar 2.

The Principal Secretary, General Administrative Department, Government of Bihar, Patna

3. The Principal Secretary, Rural Development Department, Government of Bihar, Patna

4. The Joint Secretary, Rural Development Department, Government of Bihar, Patna

5. The Deputy Secretary, Rural Development Department, Government of Bihar, Patna

6. Additional Secretary, General Administrative Department, Government of Bihar, Patna

7. The Special Secretary to the Government, General Administrative Department, Government of Bihar, Patna

8. The Divisional Commissioner, Saran at Chapra

9. The District Magistrate, Saran at Chapra .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Siyaram Shahi, Adv. Mr. Indu Bhushan, Adv.

For the Respondent/s : Mr. Sheoshankar Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 14-12-2017 Heard learned counsel for the parties.

Although it is the argument of Mr. Siyaram Shahi, learned counsel appearing for the petitioner, that in the present case whereas the memo of charge was served in 2007, the proceeding has been initiated in 2016 after nine years when the Enquiry Officer has been appointed but since at no point of time did the petitioner question the memo of charge, this Court is not required to express any opinion thereon. It is further submitted that

Patna High Court CWJC No.6029 of 2017 (2) dt.14-12-2017 even after the appointment of the Enquiry Officer the matter has not progressed.

In the circumstances and for the present, I deem it proper to dispose of the writ petition with a direction to respondent no.2, the Principal Secretary, General Administration Department, to ensure that the proceeding gets concluded within a maximum period of six months from the date of receipt/ production of a copy of this order for a delinquent facing a charge cannot put to continued harassment for a decade.

This disposes of the writ petition.

(Jyoti Saran, J) Surendra/- U