Rahul Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2159 of 2020 ====================================================== Rahul Kumar Ray S/o Mahendra Nath Ray, R/o Village and P.S.- AGIAON, District- Bhojpur, At Present suspended employee from office of DPO (ESTB.) Purnea.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Department, Bihar, Patna.

2.

The Regional Deputy Director, Education, Purnea Division, Purnea. 3.

The District Education Officer- cum- Conducting Officer, Katihar. 4.

The District Program Officer, (Midday Meal Scheme) cum Presenting Officer, Purnea.

5.

The Principal, Govt. High School, Farbisganj. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Bijendra Kumar Singh, Advocate For the Respondents :

Mr.Ashutosh Ranjan Pandey (AAG15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-02-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner is aggrieved by the order of suspension contained in Memo No. 452 dated 03.08.2019 (Annexure-7) passed by the Regional Deputy Director of Education, Purnea in contemplation of the departmental proceeding and his headquarter has been fixed at Government High School, Farbisganj in the district of Araria. The District Education Officer, Katihar has been appointed as Enquiry Officer to conduct enquiry against the petitioner. The petitioner submitted his explanation with regard to the charges levelled against him

Patna High Court CWJC No.2159 of 2020(2) dt.20-02-2020 2/2 on 13.09. 2019 but the departmental proceeding has not been concluded as yet.

Considering the fact that the petitioner was put under suspension in contemplation of departmental proceeding and after framing of the charge, enquiry has begun, the Court is not inclined to interfere with the order of suspension at this stage. The present writ application is disposed with a direction to the respondents to conclude the departmental proceeding at the earliest. In the event the departmental proceeding is not concluded within a maximum period of four months from today, the order of suspension against the petitioner ceased.

(Anil Kumar Upadhyay, J) BT/- U