Nirmal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1562 of 2020 ====================================================== Nirmal Kumar Singh, Male, Aged about 60 years, Son of late Bhola Singh, Resident of Village Rampur, P.S. Barhara, District Bhojpur at Ara. At Present Residing at Sidhanath Nagar, Ara, P.S. Ara Town, District Bhojpur at Ara. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, Patna.

2.

The Director, Secondary Education, Govt. of Bihar, Patna. 3.

The Joint Director, Secondary Education, Govt. of Bihar, Patna. 4.

The Deputy Director, Secondary Education, Govt. of Bihar, Patna. 5.

The Deputy Secretary, Education Department, Govt. of Bihar, Patna. 6.

The District Education Officer, Bhojpur at Ara. 7.

The District Programme Officer (Scheme and Accounts), Bhojpur at Ara. 8.

The Block Education Officer, Block Barhara, District Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Singh For the Respondent/s :

Mr.Smt. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-01-2020 Heard both sides.

On the basis of the allegation, an enquiry was held and the accusation against the petitioner was found true in the preliminary enquiry. Thereafter on the order of the Director, Secondary Education, Government of Bihar, Patna, the District Education Officer, Bhojpur, Ara suspended the petitioner by order as contained in Memo No.4219, dated 27.12.2019 (Annexure-1).

Learned counsel for the petitioner submits that the

Patna High Court CWJC No.1562 of 2020(2) dt.23-01-2020 2/2 petitioner is going to retire in the month of August, 2020. On the allegation made by a local M.L.A., the preliminary enquiry is ordered to be held but the petitioner was not asked to show cause nor any document was perused.

Having considered the facts aforesaid, I find no illegality in the order of suspension. In the preliminary enquiry prima facie the allegation has been found true. Accordingly, the writ petition is dismissed. The disciplinary authority/enquiry conducting officer is directed to hold the departmental enquiry expeditiously and conclude the same within four months from the date of receipt of this order. (Prabhat Kumar Jha, J) S.KUMAR/- U