Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4894 of 2024 ====================================================== Santosh Kumar S/o Sukhdeo Paswan Resident of Mohalla- Jalalpur, P.S.- Sohsarai, District- Nalanda.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Revenue Department, Government of Bihar, Patna. 3.

The Collector, Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Mishra, Adv.

For the Respondent/s :

Mr.Standing Counsel-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For direction upon the respondents authorities concern specially District Collector, Nalanda to considered the case of the petitioner for revoking suspension of the petitioner who has been put under suspension with effect from 11.07.2023 i.e. for more than 7 months in complete violation of Rule 3(i) and Sub Rule 7 of Rule-9 of Bihar Government Servants Classification, (Control and Appeal Rules, 2005). ii) For further direction upon the respondents authorities concerned to grant and pay full salary to the petitioner because the petitioner has still put under suspension in contrary to Sub Rule 7 of Rule-9 of Bihar Government Servants

Patna High Court CWJC No.4894 of 2024(2) dt.04-04-2024 2/2 Classification, (Control and Appeal Rules, 2005). (iii) For direction upon the Collector, Nalanda to grant any such other relief or reliefs for which the petitioner is found legally entitled in the facts and circumstances of the case."

2. At the outset, the learned counsels for the parties are in agreement that the present writ petition can be disposed off with a direction to the Disciplinary Authority to commence the departmental proceeding, which is under contemplation, if not already initiated and to conclude the same, within a period of six months from today, by passing the final order, failing which the order of suspension dated 11.07.2023, shall stand revoked automatically. It is directed accordingly.

3. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U