Shambhu Nath Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5910 of 2020 ====================================================== Shambhu Nath Kushwaha, S/o Rampati Kushwaha, Resident of VillageHarpur, P.S.- Vijaipur, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Old Secretariat, Government of Bihar, Patna 2.

The Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna 3.

The Principal Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna 4.

The Directors, Primary Education Department of Human Resources Development, Government of Bihar, Patna 5.

The Directors, Mass Education Department of Human Resources Development, Government of Bihar, Patna 6.

The District Magistrate, Gopalganj 7.

The District Education Officer, Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Prasad Singh For the Respondent/s :

Mr.Subhash Chandra Mishra (Sc16) ====================================================== 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 of suspension dated 16.07.2013.

Learned counsel for the petitioner submits that the petitioner is still under suspension, despite the enquiry report submitted on 31.10.2018. The petitioner is still hanging in

Patna High Court CWJC No.5910 of 2020(2) dt.09-06-2020 2/2 balance.

Considering the fact that the petitioner has remained under suspension for about seven years, the order of suspension dated 16.07.2013 is hereby quashed. The petitioner is directed to be reinstated in service forthwith.

The respondents are directed to take final decision on the enquiry report dated 31.10.2018, if not already taken, within a maximum period of two months from the date of receipt/production of a copy of this order, failing which the entire departmental proceeding ceases to exist and the petitioner will be entitled to all consequential benefits. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U