Nakul Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10559 of 2018 ====================================================== Nakul Prasad S/o Late Ram Sharan Singh, R/o Bhuwan Bigha Shahbajpur, P.S.- Jehanabad, District- Jehanabad presently Block Agriculture Officer under Suspension.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Agriculture Production Commissioner, Bihar, Patna. 3.

The Director, Agriculture Department, Government of Bihar, Patna. 4.

The Deputy Director (Agronomy), Purnea Division, Purnea. 5.

The Project Executive officer, Halqa Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagnnath Singh, Advocate For the Respondent/s :

Mr.Ashok Kumar Pathak, AC to GP21 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-06-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner has challenged the initiation of departmental proceeding including the order of suspension. The order of suspension has been withdrawn, but the enquiry proceeding is continuing. The charge sheet has been served including the enquiry officer has been appointed, which is apparently clear from Annexure-B.

In such view of the matter, this Court directs the enquiry officer to complete the enquiry within a period of six months after restoration of normal situation after giving

Patna High Court CWJC No.10559 of 2018(2) dt.10-06-2020 2/2 opportunity to the petitioner to participate in the enquiry. Counsel for the petitioner has raised a grievance that he has not paid any subsistence allowance. If that be so, the petitioner will be at liberty to file a representation before the competent authority, who will look into the matter and if it is found that the subsistence allowance has not been paid to the petitioner then the same will be paid to him as per the law. With this observation and direction, this writ application stands disposed of.

(Shivaji Pandey, J) V.K.Pandey/- U