Shashi Bhushan Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19296 of 2015 ====================================================== Shashi Bhushan Kumar Sinha Son of Late Ramchandra Singh, Resident of Village- Bhaikh, P.S. Makhdumpur, District- Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Education, Govt. of Bihar, Patna. 3.

The Director, Primary Education, Governemnt of Bihar, Patna. 4.

The Regional Deputy Director, Magadh Division, Gaya. 5.

The District Magistrate, Aurangabad.

6.

The District Education Officer, Aurangabad.

7.

The District Programme Officer Establishment, Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Respondent/s :

Mr. Naman Nayak, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2023 1.

The present writ petition has been filed seeking the following relief:- "1. That the present writ application is being filed for issuance of writ in the nature of Mandamus for commanding the concerned respondents to conclude the departmental proceeding initiated against the petitioner at earliest."

2.

At the outset, the learned counsel for the respondent-State has submitted, by referring to

Patna High Court CWJC No.19296 of 2015(2) dt.27-09-2023 2/2 the counter affidavit, filed in the present case, that since the petitioner has stood superannuated, the pending departmental proceeding was converted into one under Rule 43(b) of the Bihar Pension Rules vide memo dated 06.01.2016, however, he is not aware as to the present stage of the said proceedings. Nonetheless, he submits that in case the departmental proceeding is still pending, it would definitely be concluded within a period of three months from today.

3.

It is directed accordingly.

4.

It is needless to state that in case the departmental proceeding in question, has not yet been concluded, the same is directed to be concluded within a period of three months from today, failing which the same shall stand abated. 5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U