Shashi Bhushan Jha, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4459 of 2020 ============================================================== Shashi Bhushan Jha, aged about 44 years, (Male), son of Late Rajendra Jha, resident of village-Kharka Basant, Police Station-Nanpur, District-Sitamarhi ................ Petitioner

Versus

1.

The State of Bihar through Principal Secretary, P.H.E.D., Bihar, Patna 2.

The Superintending Engineer, (Suspending authority), P.H.E.D., Darbhanga at Darbhanga.

3.

The Executive Engineer, P.H.E.D., Madhubani at Madhubani. 4.

The Chief Engineer, P.H.E.D., Department, Muzaffarpur. ................. Respondents =============================================================== Appearance For the Petitioner : Mr. Dhananjay Kumar, Adv. For the State : Mr. Arvind Ujjwal, S.C.4 ======================================================= CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 5 10.09.2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. This writ application had been filed by the petitioner for quashing the order of suspension dated 7.2.2017 whereby the petitioner had been suspended and a departmental inquiry

initiated against him. Further prayer had been made for commanding the respondents to allow the joining of the petitioner, to pay subsistence allowance, to grant of full salary for the period of suspension and for other reliefs to which the petitioner is found entitled.

It is submitted that by learned counsel for the petitioner that the grievance of the petitioner has been redressed and as such he does not intend to press this application. However, it is submitted that the respondent authorities have still not paid to the petitioner his salary for the period that he was placed under suspension.

In view of the above submission, the writ application is disposed of with liberty to the petitioner to file a representation for his remaining grievances before the Superintending Engineer, PHED, Darbhanga (respondent no.2). In case a representation is filed within a period of six weeks, the same shall be disposed of by the respondent no.2 within a period of three months from the date of its fling and in case any amount is found payable, the same shall be paid within three months of date of disposal of the

representation. In case no amount is found payable, a reasoned order with respect to the same shall be communicated to the petitioner within the aforesaid time.

(Partha Sarthy, J) Bibhash U T