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Patna High CourtMJC/2624/2017disposed

Alok Kumar v. The State Of Bihar And ANR

2018-02-21Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2624 of 2017 In Civil Writ Jurisdiction Case No. 12859 of 2016 ====================================================== Alok Kumar, son of Ayodhaya Prasad Dubey, resident of VillageBhediyari Chak, P.S. Mehsi, District- East Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Dr. Prashant Kumar, Civil Surgeon-cum Chief Medical Officer, East Champaran, Motihari. Opp. Parties .... ....

====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. S. D. Yadav - AAG 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 21-02-2018 None appears on behalf of the petitioner. Learned counsel for the State is present.

The writ petition was disposed of with the direction to the disciplinary authority to either conclude the disciplinary proceeding within a period of three months from the date of receipt/ production of a copy of the order and in case for any reason not attributable to the writ petitioner the proceedings cannot be concluded within the stipulated period, then to consider his prayer for revocation of suspension. On the failure of the opposite parties to comply with the direction that the present contempt application was filed.

A show cause is filed on behalf of O.P.No.2 and although a copy of the same has not been served on the learned counsel for

Patna High Court MJC No.2624 of 2017 (4) dt.21-02-2018 the petitioner but it encloses an order bearing Memo No. 1450 dated 7.12.2017 whereby the services of the petitioner has been terminated under Rule 14 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005. In view of the order so passed concluding the disciplinary proceedings, no case for contempt is made out and the contempt application is accordingly disposed of with a liberty to the petitioner, if so advised, to question the termination order in an appropriate proceeding by filing an appropriate application. (Jyoti Saran, J) Surendra/- U