Jai Shankar Prasad Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5727 of 2019 ====================================================== Jai Shankar Prasad Uraon S/o Late Juda Mahto Uraon R/o VillageMadhubani, P.O. Bhakhari Panchrukhiya, P.S.-Ram Nagar, District-West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, West Champara, Bettiah 2.

The Collector/District Magistrate West Champaran, Bettiah 3.

The Deputy Collector West Champaran, Bettiah 4.

The District Establishment Deputy Collector Bettiah 5.

The Conducting Officer cum-Addl. Collector Bettiah 6.

The Divisionial Officer Bagaha, East Champaran 7.

The Circle Officer Bagha-2, East Champaran 8.

The Circle Officer Maina Tarn, East Champaran 9.

The Block Development Officer Bagha-2, East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suman Kumar Singh For the Respondent/s :

Mr.Raj Kishore Roy ( GP ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-09-2020 Heard the learned counsel for the petitioner and Shri Abhay Kumar Kashyap, AC to GP-18 appearing for the respondent State. The present writ petition has been filed for quashing the order dated 25.01.2017 contained in Memo No. 33, issued by the Collector/District Officer, West Champaran, Bettiah, whereby and whereunder the petitioner has been put under suspension. It is further prayed that the respondents be directed to ensure payment of subsistence allowance to the petitioner herein. Shorn of the details it would suffice to state that the aforesaid order of suspension has culminated into a full-fledged departmental proceeding which has stood concluded and has

Patna High Court CWJC No.5727 of 2019(5) dt.16-09-2020 2/2 further resulted in dismissal of the petitioner from his services by an order dated 20.09.2019 passed by the District Magistrate, West Champaran, Bettiah.

At this juncture, the learned counsel for the petitioner submits that the petitioner be granted liberty to challenge the aforesaid order inflicting punishment of dismissal dated 20.09.2019 and direction be issued for payment of the subsistence allowance for the period during which the petitioner was under suspension.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the parties, the present writ petition is disposed off with liberty to the petitioner to challenge the order of punishment dated 20.09.2019, if not already challenged, by filing appropriate writ petition as also the respondents are directed to make payment of the balance amount of subsistence allowance, if any, to the petitioner herein pertaining to the period of his suspension, forthwith.

(Mohit Kumar Shah, J) S.Sb/- U