← Library
Patna High CourtCWJC/9021/2017dismissed

Manoj Kumar Ram v. The State Of Bihar And ORS

2017-09-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9021 of 2017 ======================================================

1. Manoj Kumar Ram Son of Dina Nath Ram, resident of VillageSalempur, P.S. Ara Mufassil, District- Bhojpur .... Petitioner

Versus

1. The State of Bihar

2. The Secretary, Schedule Caste & Schedule Tribe Welfare Department, Govt. of Bihar, Patna

3. The Joint Secretary, Schedule Caste & Schedule Tribe Welfare Department, Govt. of Bihar, Patna

4. The District Magistrate, Buxar

5. The District Welfare Officer, Buxar .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar, Adv. For the Respondents : Mr. Kaushal Kr. Jha, AAG VIII ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-09-2017 Heard both sides.

The petitioner has filed this petition for quashing the order, dated 13.01.2017, passed by the Joint Secretary Scheduled Castes and Scheduled Tribes Welfare Department, Government of Bihar, Patna, whereby the petitioner has been put under suspension vide order as contained in Letter No. 10-0082, dated 13.01.2017.

A surprise inspection was made in the Government Welfare Hostel, Koer Purba, Buxar, and in course of search arms, ammunitions and different objectionable articles were recovered. The petitioner was the Superintendent of the Hostel and the Subdivisional Officer, Sadar, Buxar, reported that the petitioner has committed negligence. On such information, a departmental proceeding was initiated against the petitioner and charge has already been framed against the petitioner, vide Annexure 8. The learned counsel for the petitioner submits that the petitioner has been put under suspension on non-est ground,

Patna High Court CWJC No.9021 of 2017 (2) dt.12-09-2017 2/2 but, I do not find any force in the submission of the learned counsel for the petitioner.

Accordingly, the writ petition is dismissed with a direction to the disciplinary authority and the enquiry conducting officer to hold the enquiry and conclude the same within six months, from today, and pass order, in accordance with law. (Prabhat Kumar Jha, J) SA/- U √