Ashok Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9473 of 2017 ======================================================

1. Ashok Kumar, Son of Sri Sheo Ghahan Ram, Resident of MohallaDharhara, P.S.-Ara, District-Bhojpur .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Rural Works Department, Govt. of Bihar, Patna

3. The Joint Secretary, Rural Works Department, Govt. of BIhar, Patna .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Prabhu Nath Pathak, Adv. For the Respondents : Mr. Pushkar Narain Shahi, AAG VI ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-09-2017 Heard both sides.

The petitioner has filed this writ petition to quash the notification, as contained in Memo No. 1204, dated 06.04.2016, issued under the signature of Joint Secretary, Rural Works Department, Bihar, Patna, whereby the petitioner has been put under suspension in contemplation of a departmental proceeding. The learned counsel for the petitioner submits that the departmental enquiry has already been concluded and the enquiry officer submitted his report on 01.09.2016, vide Annexure 6, but, the disciplinary authority has sat over the matter and did not pass any order nor revoked the suspension of the petitioner. Considering the facts, aforesaid, I dispose off this writ petition with a direction to the disciplinary authority to pass order in accordance with law on the enquiry report of the enquiry officer within two months, from the date of receipt of this order. Accordingly, this writ petition stands disposed off. (Prabhat Kumar Jha, J) SA/- U √