Vinay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9537 of 2017 =========================================================== Vinay Kumar, son of Late Bhola Prasad Singh, resident of Village Walipur, P.S.- Pipariya, District- Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department and Revenue & Land Reforms, Bihar, Patna.

2. The Divisional Commissioner, Munger.

3. The District Magistrate, Lakhisarai.

4. The Sub Divisional Officer, Lakhisarai District Lakhisarai.

5. The Circle Officer, Lakhisarai District Lakhisarai

6. The Circle Officer, Suryagarha District Lakhisarai.

7. Jay Kumar, son of not known presently posted at Halka Karmachari, Office of Anchal Adhikari Barahiya Anchal, District- Lakhisarai. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Adv. Mr. Vinay Pd. Singh @ Sanjay, Adv.

For the Respondent/s : Mr. MD.KHURSHID ALAM-AAG12 =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 05-09-2017 Heard both sides.

The petitioner has filed this writ petition for quashing the order dated 20.06.2017, as contained in Memo No. 271 (Annexure-1) issued under the signature of District Magistrate, Lakhisarai by which the petitioner has been suspended and a departmental proceeding is initiated on four charges annexed with the order of suspension. Learned counsel for the petitioner submits that before putting the petitioner under suspension, no show-cause was asked for. It is submitted that no preliminary enquiry was held to clarify the

Patna High Court CWJC No.9537 of 2017 dt.05-09-2017 2/2 veracity of the allegations. No subsistence allowance is paid to the petitioner.

I do not find any force in the submissions of the learned counsel for the petitioner. It is the satisfaction of the disciplinary authority that if the disciplinary authority finds any government servant committing any dereliction of duty or misdeeds, the disciplinary authority may put him under suspension on such allegation. Therefore, I do not find any merit in this case. Accordingly, the writ petition is dismissed.

The District Magistrate, Lakhisarai is directed to pay subsistence allowance to the petitioner till conclusion of the departmental proceeding and the departmental proceeding shall be disposed of expeditiously.

(Prabhat Kumar Jha, J.) Vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07/09/2017 Transmission Date NA