Avdhesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3515 of 2023 ====================================================== Avdhesh Das Son of Aghanu Das, Resident of Village- Basauli, P.S.- Rahika, Ward No. 15, Post- Basauli, Basauli, Madhubani, Barauli, Bihar- 847121. ... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, General Administration Department, Bihar, Patna.

2.

The Divisional Commissioner, Darbhanga Division, Darbhanga. 3.

The District Magistrate, Madhubani.

4.

The Additional Collector, Madhubani.

5.

The Circle Officer, Rahika, Madhubani.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Munish Kumar, Advocate Mr.Arvind Kr. Sinha, Advocate For the Respondent/s :

Mr.Dhurendra Kumar AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner in the present case has questioned the order of suspension as contained in memo no. 94 dated 18.01.2016 passed by the District Magistrate, Madhubani. Learned counsel for the petitioner submits that a disciplinary proceeding was initiated against the petitioner for his alleged absence from duty in course of night patrolling on 07.08.2015 as on the said very date an occurrence of theft was committed in seven shops. It is submitted that in the said disciplinary proceeding after submission of enquiry report the

Patna High Court CWJC No.3515 of 2023(2) dt.28-04-2023 2/2 petitioner was given an opportunity to show cause. The petitioner has submitted his show cause but thereafter the disciplinary authority has not passed final order. Learned counsel for the State is present.

Having regard to the submissions noted here-in-above, this Court directs the District Magistrate, Madhubani to look into the grievance of the petitioner, consider the same and in case the disciplinary proceeding is still pending, the same be concluded and disposed of within a period of six months from the date of receipt/production of a copy of this order. In the meantime, the District Magistrate, Madhubani (respondent no. 3) shall also consider the desirability of revoking the order of suspension of the petitioner. This Writ Application stands disposed of accordingly. (Rajeev Ranjan Prasad, J.) Rajeev/- U