Gopal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3326 of 2023 ====================================================== Gopal Thakur Son of Late Basant Thakur Resident of Village- Kabela, P.S.- Parbatta, District- Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Development Department, Bihar Patna.

2.

The Principal Secretary Rural Development Department, Bihar Patna. 3.

The Principal Secretary, Personnel and Administration Department, Bihar, Patna 4.

The District Magistrate, Bhagalpur, District- Bhagalpur. 5.

The Block Development Officer, Birpur, District- Bhagalpur. 6.

The Block Development Officer, Sabour, District- Bhagalpur. 7.

The Block Development Officer, Rangara Cghowk, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv.

For the State :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The writ application has been filed seeking payment of due salary from 05-08-2019 being the date on which the petitioner, admittedly, was placed under suspension by Annexure-3. Thereafter on 7.12.2019 (Annexure-4), the respondent- District Magistrate, Bhagalpur, (Respondent No 4) responded to the petitioner's request for revoking his suspension by an order, which reads as follows:- "

शशठठककरदठरठददनठनक09.11.2019 ककआवदन

Patna High Court CWJC No.3326 of 2023(2) dt.31-07-2023 2/2 समदरतकरतवहएदनलनबनसवमककतकरनवकठअनकरकधदकयठगयठ ह/ शशठठककरसवपठपआवदनररदबचठरकररठनत उनह आदवश दनगरत हकनव कक दतथथ सव दनलनबन सव मककत करतव हए इनकठरदसथठरन पखनडकठयठरलय, रनगरठचचकमवदकयठजठतठह/ शशठठककररर दवभठगशयकठयरवठहशरपवरवत सनचठलनठधशनरहवगश/ दनलनबनअवथध कववतनठदद कवसंबसंध मवदनरयदवभठगशयकठयरवठहशकठसनचठलन रपरहकनवकवउररठनतथलयठजठयवगठ/"

3. It appears form the said order (Annexure-4) itself that the decision with respect to salary for the period of suspension is to be considered after a departmental proceeding have concluded. The petitioner has not stated that the proceeding have yet been concluded.

4. In the circumstances, at this juncture, his claim for salary appears to be without any basis. It is not his case that he has not been paid any subsistence allowance. The Court, therefore, does not find any occasion to issue for any direction.

5. The writ petition is dismissed.

(Madhuresh Prasad, J) shyambihari/- U