Krishna Kumar Malviya v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7361 of 2017 ======================================================

1. Krishna Kumar Malviya, Son of Late Deo Nandan Malviya, Resident of Village- Gosaidaspur, P.S. Nathnagar, Dist.- Bhagalpur.... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of General Administration, Govt. of Bihar, Patna

2. The Collector, Bhagalpur

3. The Additional Collector, Bhagalpur

4. The Circle Officer, Kharik .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar Ghosarvey, Adv. For the Respondents : Mr. Partha Sarthi, GA IV ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-09-2017 Heard both sides.

The petitioner has filed this petition for the following reliefs :

(i) to quash the suspension order, passed by the Collector, Bhagalpur, as contained in Memo No. 2109, dated 19.06.2015.

(ii) for a direction to the respondents to ensure the payment of subsistence allowance to the petitioner during the period of his suspension and (iii) for any other relief.

The learned counsel for the State submits that the departmental enquiry has already been concluded and final order is to be passed very soon.

Considering the facts, aforesaid, I do not find any merit in this writ petition.

Accordingly, the same is dismissed with a direction to the disciplinary authority to pay the subsistence allowance of the period during the period of his suspension forthwith, if not paid, and pass final order in the departmental proceeding within two months, from the date of receipt of this order. (Prabhat Kumar Jha, J) SA/- U √