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Patna High CourtCWJC/8307/2019disposed

Suresh Kumar Singh v. The State Of Bihar

2019-06-21Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8307 of 2019 ====================================================== Suresh Kumar Singh S/o Late Nathu Singh Vill. and P.o.- Silari, P.s. and Block- Shiv Sagar, distt.- Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna 2.

The District Magistrate Rohtas at Sasaram 3.

The District Panchayat Officer Rohtas at Sasaram 4.

The Block Development Officer Chenari, Distt.- Rohtas at Sasaram 5.

Block Development Officer Nauhatta, Distt.- Rohtas at Sasaram ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Roy For the Respondent/s :

Ms. Archana Meenakshee ( GP6) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-06-2019 Heard the learned counsel for the petitioner and the State.

Mr. Jitendra Kumar Roy, learned counsel for the petitioner submits that the petitioner was suspended on 19.04.2017 but the departmental proceeding was initiated against him after a long delay. He has further submitted that even in the departmental proceeding, all the procedures are over and it is almost on the verge of completion. The fear of the petitioner is that any lax approach of the respondent authorities, which has earlier been shown in the case of the

Patna High Court CWJC No.8307 of 2019(2) dt.21-06-2019 2/3 petitioner, the conclusion of the proceeding would be delayed and in the meantime the petitioner would superannuate which would create immense difficulties for him. Mr. Rai, therefore, prays that a direction be issued to the respondents to conclude the proceeding as early as possible, preferably within a period of ten weeks from the date of production/communication of a copy of this order before the disciplinary authority.

The prayer on the face of it appears to be reasonable.

Ms. Archana Meenakshi, learned GP-6 submits that the petitioner has been given a second show-cause notice and no sooner his reply would be received, final decision shall be taken by the disciplinary authority. Mr. Rai, learned counsel for the petitioner has drawn the attention of this Court to the fact that the second show-cause notice has also already been replied by the petitioner.

He, therefore, urges that but for final order of the disciplinary authority, nothing is left in the process

Patna High Court CWJC No.8307 of 2019(2) dt.21-06-2019 3/3 conclusion of the departmental proceeding.

This Court, therefore, deems it appropriate to direct the concerned respondents to conclude the proceeding, preferably within a period of ten weeks from the date of production/communication of a copy of this order. With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U