Awadhesh Kumar Ojha, v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3270 of 2019 ====================================================== Awadhesh Kumar Ojha, Male, aged about 58 years, Son of Shri Ram Binod Ojha, resident of 35/A, Patliputra Colony, P.S.- Patliputra, District- Patna. ... ... Petitioner/s

Versus

1.

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

Additional Chief Secretary, Environment and Forest Department, Bihar, Patna.

3.

Joint Secretary, Environment and Forest Department, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Srivastava, Adv.

For the Respondent/s :

Ms. Alka Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 10-05-2019 Heard Mr. Abhinav Srivastava, learned Advocate for the petitioner and Ms. Alka Verma, learned counsel for the State.

2. The petitioner has sought a direction to the respondent authorities to conclude the departmental proceeding which had been initiated against him and which has been kept pending only for responding to a query made

Patna High Court CWJC No.3270 of 2019 dt.10-05-2019 2/3 by the Departmental Minister.

3. Mr. Srivastava, learned Advocate has informed this Court that the departmental proceeding is almost over but it has not been concluded awaiting the opinion of the Department on the query made by the Departmental Minister. Even if that be the case, it is expected that the proceeding shall be concluded and curtain be brought down over such a proceeding within the stipulated time frame.

4. Apart from the statutory obligation of concluding the domestic proceeding within a time frame, the Government of Bihar has also come out with a Circular through the General Administration Department, suggesting that such proceedings be completed within a reasonable period of time, which would not be more than one year. The proceeding against the petitioner has continued for more than a year by now.

5. Under such circumstances, the respondents are directed to conclude the proceeding against the petitioner as early as possible, preferably within a period of six weeks

Patna High Court CWJC No.3270 of 2019 dt.10-05-2019 3/3 from the date of receipt/production of a copy of this order before the Additional Chief Secretary, Environment and Forest Department, Bihar, Patna (respondent No. 2).

6. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 13.05.2019 Transmission Date N/A