Manoj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14837 of 2017 ====================================================== Manoj Kumar, Son of Punai Sharma, Resident of Village- Lakhapur, P.S.- Oina, P.S.- Parasbigha, District- Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna.

2. The Director, Primary Education Officer, Bihar, Patna.

3. The District Magistrate, Jehanabad.

4. The District Education Officer, Jehanabad.

5. The District Programme Officer, Establishment (Jehanabad).

6. The Block Development Officer Ratni Faridpur, Jehanabad.

7. The Block Education Officer, Ratni Faridpur (Jehanabad).

8. The Block Panchayati Raj Officer Ratnifaridpur (Jehanabad).

9. The Pramukh Panchayat Samiti Ratnifaridpur (Jehanabad). .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shankar Kumar For the Respondent/s : Mr. Kameshwar Kumar - Gp-17 Mr. S. K. Ranjan,AC to G.P.-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-11-2017 Heard learned counsel for the petitioner and the State. Petitioner is under suspension for more than two years in contemplation of departmental proceedings. Counsel for the petitioner submits that he has not been paid subsistence allowances and even after two years, charges have not been framed.

In the aforesaid circumstances, the court is of the view that as the departmental proceedings has not been concluded even after two years or more the suspension order contained in

Patna High Court CWJC No.14837 of 2017 (2) dt.17-11-2017 2/2 (Annexure-3) is not sustainable and is accordingly hereby quashed.

The respondents are directed to conclude departmental proceedings, if not initiated within a maximum period of five months from the receipt/production of this order, failing which the entire departmental proceedings shall come to an end. The respondents are also directed to make payment of subsistence allowances, if not paid to the petitioner during the period of suspension within a period of one month from the date of receipt/production of this order.

With the aforesaid observation, the application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U