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Patna High CourtCWJC/7004/2020disposed

Md. Shah Alam v. The State Of Bihar

2020-07-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7004 of 2020 ====================================================== Md. Shah Alam, Son of Late Nasir Ahmad, Resident of Village Mangarpal, P.S. Dariyapur, District- Saran.

... ... Petitioner

Versus

1.

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

The Director, The Directorate of Economics and Statistics (Department of Planning and Development), Patna, Bihar.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Sandeep Kumar, Mr. Alok Kumar @ Alok Kr Shahi, Advocates For the Respondents :

Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 03-07-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 15.01.2019 (Annexure-1) whereby he was put under suspension on account of his involvement in a trap case by the Vigilance Department.

Learned counsel for the petitioner submits that the petitioner is under suspension till date whereas in the case of similarly circumstanced persons, suspension has been revoked as such, the respondents have acted arbitrarily. Considering the fact that the petitioner has been subjected to departmental proceeding and the petitioner has

Patna High Court CWJC No. 7004 of 2020 dt.03-07-2020 2/2 submitted his reply to the show cause under Rule 17(4) of the Bihar Government Servant (Classification, Control and Appeal) Rules 2005, the writ petition is disposed of with a direction to the respondents to conclude the departmental proceeding within a period of four months from the date of receipt/production of a copy of this order, failing which the order of suspension shall automatically stand revoked.

With the aforesaid observation and direction, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 07.07.2020 Transmission Date N.A.