Ramayan Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4841 of 2019 ====================================================== Ramayan Ram S/o Sri Raghunath Ram resident of Village- Baswaria, P.O.- Musharwa, P.S. Sathi, District- West Champaran at Bettiah. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Vikas Bhawan, New Secretariat, Patna. 2.

The Director, Primary Education Bihar, Vikas Bhawan, New Secretariat, Patna.

3.

The District Education Officer West Champaran at Bettiah. 4.

The District Programme Officer (Establishment) West Champaran at Bettiah ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Lochan, Advocate For the Respondent/s :

Mr.Kameshwar Kumar ( Gp17 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents. The grievance of the petitioner in the present writ petition is against initiation of second departmental proceeding on the same set of charges for which first enquiry is pending. Since the second enquiry on the same set of charges is not permissible, the second enquiry was stayed by this Court vide order dated 14.03.2019.

Accordingly, the present writ petition is disposed of with a direction to the respondents not to proceed with the 2nd departmental proceeding without concluding the first departmental proceeding. The order dated 14.3.2019 will not in

Patna High Court CWJC No.4841 of 2019(4) dt.01-07-2019 2/2 any manner come in the way of the respondents in concluding the first departmental proceeding initiated against the petitioner. In the peculiar facts of the case, the respondents are directed to conclude the first departmental proceeding at the earliest preferably within a period of four months from the date of receipt/production of a copy of this order. So far as the 2nd departmental proceeding is concerned, the order of suspension in contemplation of the second departmental proceeding is not sustainable. It is accordingly quashed.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U