Binod Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4854 of 2019 ====================================================== Binod Kumar Jha, Son of Late Ugra Mohan Jha Resident of VillageBangaon, Purbari Tola, P.S. Bangaon, District-Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Minor Irrigation Department, Bihar, Patna.

2.

The Deputy Secretary, Minor Irrigation Department, Bihar, Patna. 3.

The Engineer-in-Chief, Irrigation Department, Visheshwaraiya Bhavan, Bihar, Patna.

4.

The Chief Engineer, Minor Irrigation Department, Riding Road, Sheikhpura, Bihar, Patna- 14 5.

The Superintending Engineer, Minor Irrigation Department, Circle Patna and Gaya.

6.

The Executive Engineer, Minor Irrigation Department, Arwal. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukul Prasad For the Respondent/s :

Mr.Durgesh Nandan (AAG-14) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-03-2019 Heard the learned counsel for the petitioner and the State.

The petitioner had joined the service in Water Resources Department in the year 1979 as Junior Engineer and was later promoted to the post of Assistant Engineer. During the period of his service, a departmental proceeding was initiated against him under Section 17(4) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005, which could not be concluded during his service

Patna High Court CWJC No.4854 of 2019(2) dt.28-03-2019 2/2 tenure. Later, vide letter dated 26.09.2018, the proceedings against the petitioner was converted to one under Rule 43(B) of Bihar Pension Rules, 1950, which despite the petitioner having superannuated in the year 2018, has not yet been concluded.

The present writ petition has been filed only for the direction to the concerned respondents to expeditiously conclude the proceedings against the petitioner. The aforesaid prayer of the petitioner, being genuine, is allowed.

The respondents are directed to conclude the proceeding against the petitioner, preferably within a period of four months from the date of production/communication of a copy of this order.

With the aforesaid observation / direction, this writ petition stands disposed off.

(Ashutosh Kumar, J) skm/- U