Santosh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11521 of 2016 ===========================================================

1. Santosh Kumar Son of Sri Ramdhani Prasad resident of village - Puraini, P.S. Govindpur, District - Nawada .... .... Petitioner/s

Versus

1. The State of Bihar, through the Collector, Nawada

2. The District Education officer, Nawada

3. The District Programme officer, ( Establishment ), Nawada

4. The Senior officer - Cum - Senior Deputy Collector, Govindpur Block, District Nawada

5. The Block Development officer Cum Executive officer, Block Employment Unit, Govindpur, District Nawada

6. The Block Education officer, Block Govindpur, District Nawada .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Durgesh Nandan, Adv. For the Respondent/s : Mr. Partha Sarthi, G.A.11 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 13-02-2017 Mr. Umesh Kumar learned counsel for the petitioner and Mr. Apurwa Kumar A.C. to G.A.4 for the State.

The petitioner an Incharge Headmaster is aggrieved by the order of suspension bearing Memo No.606 dated 15.6.2016 on alleged charge of financial irregularities committed by him. Mr. Umesh Kumar learned counsel for the petitioner submits that on a complaint filed before the Chief Minister in the Janata Darbar, that an enquiry was directed by the District Magistrate, Nawada vide Annexure-2. He submits that the report of the District Programme Officer is at Annexure-3 and although there are

Patna High Court CWJC No.11521 of 2016 dt.13-02-2017 2/2 allegations mentioned but there is no details. Learned counsel however admits that a chargesheet in Form (d) has since been served on petitioner vide Annexure-5 and thus disciplinary proceedings has been initiated.

Having heard learned counsel for the parties and considering the allegations which are the foundation for the impugned action, I am not persuaded to interfere with the matter at this stage more particularly where the charges have been served on the petitioner requiring his reply. This writ petition is accordingly disposed of with the direction to the District Education Officer, Nawada, the respondent No.2 to ensure the conclusion of the disciplinary proceedings so initiated against the petitioner in accordance with law within a period of six months from today and in case the disciplinary proceedings is not concluded within the period stipulated for reasons not attributable to the petitioner, the District Education Officer or the authority concerned would consider the prayer of the petitioner for revocation of the suspension and pass appropriate orders within four weeks next.

The writ petition is disposed of.

Bibhash/- (Jyoti Saran, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 17.02.2017 Transmission Date NA