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Patna High CourtCWJC/22410/2018disposed

Manoj Kumar Verma v. The State Of Bihar And ORS

2019-07-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22410 of 2018 ====================================================== Manoj Kumar Verma Son of Late Nirmal Kumar Verma Resident of MohallaNala Road,Post Office-Bankipur,Police Station-Kadam Kuan, Distt.-Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director Administration - cum - Additional Secretary Education Department, Govt. of Bihar, Patna 3.

The Director Secondary Education, Eduction Department Govt. of Bihar, Patna 4.

The Director Janshiksha, Education Department Govt. of Bihar, Patna 5.

The District Education Officer, Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Srivastava, Advocate For the Respondent/s :

Mr. Umesh Narayan Dubey, A.C. to G.P. 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and learned counsel appearing for the respondent State.

The issue raised in the present petition is that the petitioner was put under suspension on 13.02.2014. Learned counsel for the petitioner would submit that an enquiry was conducted and the report has been submitted on 04.08.2015 yet, the respondents did not finalize the matter and no final decision was taken by the respondents. Considering the aforesaid, keeping the petitioner under suspension is abuse of the power. In the peculiar facts of this case, the Court is constrained to allow the writ application.

Patna High Court CWJC No.22410 of 2018(2) dt.08-07-2019 2/2 The order of suspension dated 13.02.2014, contained in Annexure 4 is, accordingly, quashed.

The respondents are directed to take final decision on the enquiry report within a period of one month from today. Failing which, the departmental proceeding shall also come to an end and thereafter the petitioner shall be entitled to all consequential benefits as if there was no departmental proceeding against him.

With the aforesaid, the present writ petition is disposed of.

(Anil Kumar Upadhyay, J) uma/- U