Shambhu Nath Singh v. The Bihar State Road Transport Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.333 of 2017 ====================================================== Shambhu Nath Singh S/o Late Bishun Dayal Singh, R/o At+ P.O. Chaita, P.S. Parkaridayal, District- East Champaran, A/o posted as Accounts Officer, Central Workshop, Bihar State Road Transport Corporation, Phulwari Sarif, Patna.

.... .... Petitioner/s

Versus

1. The Bihar State Road transport Corporation, through the Administrator, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Road, Patna.

2. The Administrator, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Road, Patna.

3. The Chief of Administration, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Road, Patna.

4. The Financial Advisor cum Chief Accounts Officer, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Road, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Verma, Adv. For the Respondent/s : Mr. Prabhat Kumar Verma, Sr. Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 08-05-2017 Heard Mr. Jai Prakash Verma, learned counsel for the petitioner and Mr. P.K. Verma learned Senior counsel appearing for the Corporation.

The petitioner is aggrieved by the order bearing Memo No.3493 dated 04.10.2016 whereby a second round proceeding was initiated against the petitioner for the alleged charges framed against him vide Memo No. 3092 dated 26.6.2012, a copy of which is impugned at Annexure 4 to the writ petition. The said charges were translated in the departmental proceedings in which final report was submitted disproving the charges, a copy of which is present at Annexure-12. Not being satisfied that the disciplinary

Patna High Court CWJC No.333 of 2017 (7) dt.08-05-2017 2/2 authority while disagreeing with the opinion of the Enquiry Officer issued another chargesheet vide Annexure-13 in the form of show cause and which has been questioned before this Court. A counter affidavit is filed and Annexure-B is an order of Administrator bearing memo no. 1091 dated 31.3.2017 which after taking notice of the fact that the petitioner has been dismissed from service vide office order No. 298 dated 27.1.2017 in connection with some other charges, has stayed the proceedings so initiated vide memo no. 3493/Patna dated 04.10.2016, impugned herein.

It is stated at the bar that the petitioner would have superannuated in normal course on 31.1.2017 and three days prior thereto, he has dismissed from service vide order dated 27.1.2017. In view of the matter where the proceedings so initiated has been kept in abeyance and the petitioner has also crossed the date of superannuation, the issue raised, as of today, has been rendered academic and the writ petition is disposed of accordingly leaving it open for the petitioner to approach this Court in case any occasion would so arise in future.

Bibhash/- (Jyoti Saran, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 15.05.2017 Transmission Date NA