Nawal Kishore Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14367 of 2018 ====================================================== Nawal Kishore Gupta Son of Late Ambika Prasad Gupta, Resident of Bihariganj, P.S.- Bihariganj, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Madhepura.

3.

The District Education Officer, Madhepura.

4.

The District Programme Officer Establishment, Madhepura. 5.

The Sub-Divisional Officer, Uda Kishanganj, District- Madhepura. 6.

The Block Education Officer, Uda Kishanganj, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Mishra For the Respondent/s :

Smt.Shilpa Singh -Ga12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2019 Petitioner is aggrieved by the order dated 13.3.2018 passed by respondent no.4 i.e. the District Programme Officer (Establishment), Madhepura.

In view of Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, the petitioner cannot put under suspension for a period of three months. The writ petition was filed in 2018. We are in July, 2019.

In view of the above, the order dated 13.3.2018 cannot sustain and it is accordingly quashed. The respondents are directed to ensure payment of all consequential benefits to

Patna High Court CWJC No.14367 of 2018(2) dt.01-07-2019 2/2 the petitioner and conclude the departmental proceeding against the petitioner at the earlier preferably within a period of three months from today.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U