Radha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4820 of 2017 ====================================================== Radha Kumari, D/o Sri Bijay Lal Ram and W/o Sri Gorakh Nath Ram, resident of village - Bela, P.S. Ara Muffasil, District - Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Human Resources Department, Govt. of Bihar 3.

The Director ( Primary Education ), Human Resource Deptt. Govt. of Bihar, Patna 4.

The Dy. Regional Director, Patna Commissioner, Patna 5.

The District Magistrate, Bhojpur ( Ara ) Bihar 6.

The District Education Officer, Bhojpur ( Ara ) 7.

Block Development Officer, Ara Sadar, Bhojpur 8.

Block Education Officer, Ara ( North ), Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Bhushan Singh For the Respondent/s :

Mr. MADANJEET SINGH- GP20 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-09-2017 Heard learned counsel for the parties.

The petitioner has been put under suspension by an order, dated 04.10.2016, passed by the Block Education Officer, Ara (North), Bhojpur.

The petitioner is a Block Teacher and at the relevant point of time, was posted as North Middle School, Bela, Ara. The plea, which has been taken to assail the impugned order is that before issuance of order of suspension, no show cause notice was ever served on the petitioner. It has also been submitted that no departmental proceeding has so far been initiated against the petitioner.

Patna High Court CWJC No.4820 of 2017(2) dt.12-09-2017 2/2 So far as the first plea that no show cause notice was issued to the petitioner before issuance of the impugned order is concerned, it has no merit. There is no requirement of issuance of show cause notice before putting the employee under suspension. So far as the departmental enquiry is concerned, which according to the petitioner has not been initiated, I direct the disciplinary authority to ensure conclusion of the departmental proceeding within a period of six months from the date of receipt/production of a copy of this order. This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) arun/- U