Nirmal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6520 of 2024 ====================================================== Nirmal Kumar Singh son of Late Kamdeo Singh, resident of Near Gopal Niwash, New Area, Aurangabad, District-Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The District Collector cum District Magistrate, Aurangabad. 3.

The Deputy Collector of Land Reforms, Aurangabad. 4.

The Deputy Collector, District Establishment, Aurangabad. 5.

The Circle Officer, Navinagar, Aurangabad.

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

For the Petitioner/s :

Mr.Md. Najmul Hodda, Adv.

Mr.Abdul Mannan Khan, Adv.

Mr.Hafiz Shahbaz Arif, Adv.

For the Respondent/s :

Mr.Standing Counsel 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For issuance of a writ of certiorari or any other appropriate writ, order or direction for quashing the order of the District Magistrate, Aurangabad as contained in Memo No. 755 dated 24.02.2023 by which he has most arbitrarily and quite malafidely suspended the petitioner from service and further directed the Circle Officer to send a report after framing of charge against the petitioner.

(ii) For issuance of an appropriate writ, order or direction for grant of ad-interim stay of the order

Patna High Court CWJC No.6520 of 2024(2) dt.26-04-2024 2/3 of suspension issued by the District Magistrate, Aurangabad, during the pendency of this writ application.

(iii) For issuance of an appropriate writ, order or direction commanding the respondents authority to pay suspension/subsistence allowance to the petitioner for the period of suspension as he is not getting any sort of suspension allowance."

2. At the outset, the learned counsel for the parties are in agreement that the present writ petition can be disposed off with a direction to the Disciplinary Authority, to conclude the pending departmental proceeding in question, within a period of six months from today, by passing the final order, failing which, the order of suspension dated 24.02.2023, passed by the District Magistrate, Aurangabad, shall stand revoked automatically. It is directed accordingly.

3. At this juncture, the learned counsel for the petitioner, further seeks a direction upon the District Magistrate, Aurangabad, to supply the relevant documents, he has asked for and pay the Subsistence Allowance. As far as the said prayer of the petitioner is concerned, the District Magistrate, Aurangabad, is directed to ensure payment of the admitted amount of Subsistence Allowance to the petitioner, within a period of two weeks from today as also he shall ensure

Patna High Court CWJC No.6520 of 2024(2) dt.26-04-2024 3/3 that the relevant documents are supplied to the petitioner, forthwith.

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

(Mohit Kumar Shah, J) sonal/- U