Abha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7386 of 2020 ====================================================== Abha Kumari W/o Ramanand Singh R/o Ward No. 38 Behnid Pariwar Sadan, Chankya Nagar Begusarai Bishnupur Begusarai, Bihar-851129 @ Present She is Undear treatment Leave, So She isnot Working in the Office of Civil Surgeon, East Champaran Betiah and Her Head Qyarter has been fixed Office of the Superintendent Govt. Medical College Hospital, Betiah in the Suspension Period.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, Govt. of BIhar, Patna.

2.

The Director-in-Chief, Health Services, Govt. of Bihar, Patna. 3.

The Civil Surgeon, Begusarai.

4.

The Civil Surgeon, East Champaran, Betiah.

5.

The Superintendent Sadar Hospital, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uma Shankar Sharma, Adv.

For the Respondent/s :

Mr. S.D.Yadav, AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2021 Though the present writ petition has been filed for quashing the order of suspension dated 05.08.2019, passed by the Director-in-Chief, Health Services, Bihar, Patna, as also for setting aside the departmental proceeding, initiated against the petitioner herein, vide memo dated 20.08.2019, but during the pendency of the present writ petition much water has flown inasmuch as the Inquiry Officer had submitted his inquiry report, whereafter a second show cause notice was issued

Patna High Court CWJC No.7386 of 2020(3) dt.22-02-2021 2/3 to the petitioner, to which the petitioner had filed his reply stating therein that she has not been supplied with the requisite and relevant documents, whereupon the disciplinary authority had remanded the matter back to the Inquiry Officer for supplying the requisite documents to the petitioner and reconducting the enquiry. It appears that thereafter, the matter is pending for conclusion of the inquiry proceedings and submission of the inquiry report.

The learned counsel for the petitioner submits that since a long time has passed and the petitioner is under suspension since the year 2019, time be fixed for conclusion of the departmental proceeding, which is going on against the petitioner herein, failing which, it be directed that the order of suspension of the petitioner shall stand revoked automatically.

Sri S.D.Yadav, the learned AAG-9, submits that he has got no objection in case, this Court fixes a reasonable time period for completion of the departmental proceeding.

Patna High Court CWJC No.7386 of 2020(3) dt.22-02-2021 3/3 Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the parties, I deem it fit and proper to direct for completion of the ongoing departmental proceeding within a period of four months from today, failing which the order of suspension of the petitioner herein shall stand revoked automatically. The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U