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Patna High CourtCWJC/5271/2021allowed

Ramadhar Chaudhary v. The State Of Bihar Through The Principal Secretary,

2021-06-21Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5271 of 2021 ====================================================== Ramadhar Chaudhary Son of Bal Govind Chaudhary resident of Village - Nardiganj, Police Station- Nardiganj in the district of Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Agriculture, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Agriculture, Government of Bihar, Patna.

3.

The Director Agriculture, Government of Bihar, Patna. 4.

The District Magistrate-cum-Collector, Madhubani. 5.

The District Agriculture Officer, Madhubani.

6.

The Block Development Officer, Madhepur Block in the district of Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Respondent/s :

Mr.Dhurjati Kr. Prasad (Gp14) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-06-2021 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is aggrieved by the order of suspension dated 13.4.2020. The respondent authorities have recommended the case of the petitioner for vacating the order of suspension, including the District Magistrate, Madhubani but the order of suspension is still continuing.

This Court has granted indulgence to the respondents to file counter affidavit but till date no counter affidavit has been filed.

Patna High Court CWJC No.5271 of 2021(3) dt.21-06-2021 2/2 Under the aforesaid circumstances, the Court is constrained to allow the writ petition. Set aside the order of suspension contained in Annexure-1 vide Memo No. 241. However, setting aside Annexure-1 contained in Memo 241 will not come in the way of respondents to decide finally the pending departmental proceeding against the petitioner which shall be disposed of in accordance with law after opportunity of hearing to the petitioner at the earliest.

With the aforesaid, the writ application stands allowed and disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U