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Patna High CourtCWJC/5840/2020disposed

Mohammad Iliyas v. The State Of Bihar

2020-06-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5840 of 2020 ====================================================== Mohammad Iliyas, Son of Mohammad Shahabuddin, Resident of VillageParsa, P.O. Bagheji, P.S. Barauli, District- Gopalganj, at Present Suspended Headmaster Incharge +2 High School, Larauli, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2.

The Principal Secretary, Human Resources Development Department, New Secretariat, Patna.

3.

The District Magistrate, Gopalganj.

4.

The Deputy Development Commissioner Cum Chief Executive Magistrate, District Board, Gopalganj.

5.

The District Education Officer, Gopalganj.

6.

The District Programme Officer, Planning and Account Development Department, Gopalganj.

7.

The In-Charge Headmaster +2 Secondary School Larauli, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harendra Prasad For the Respondent/s :

Mr.Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-06-2020 Heard learned counsel for the petitioner and the respondents.

The petitioner is aggrieved by the order dated 16.01.2020 (Annexure-8), whereby he has been put under suspension by the Deputy Development Commissioner- CumChief Executive Magistrate, District Board, Gopalganj. Learned counsel for the petitioner submits that the respondents have not followed the procedure in putting the petitioner under suspension. The order of suspension is in

Patna High Court CWJC No.5840 of 2020(2) dt.09-06-2020 2/2 contemplation with the departmental proceeding. In view of the aforesaid, the writ application is disposed of with a direction to the respondents to conclude the departmental proceeding within a maximum period of five months from the date of receipt/production of a copy of this order, failing which the order of suspension shall automatically stand revoked and the petitioner shall be entitled to salary. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U