Jhagaru Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6969 of 2022 ====================================================== Jhagaru Choudhary Son of Late Bhakti Choudhary Resident of Village Sakhekhas, P.S. Uchkagaon, District Gopalganj. ... ... Petitioner/s

Versus

1.

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

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

The District Magistrate cum Collector, Gopalganj. 4.

The Superintendent of Police, Gopalganj.

5.

The Sub-Divisional Officer, Hathua, Gopalganj. 6.

The Senior Deputy Collector, General Branch Gopalganj, District Gopalganj.

7.

The Circle Officer, Uchkagaon, District Gopalganj. 8.

The Officer In-charge Uchkagaon Police Station, District Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Dubey, Advocate For the Respondent/s :

Mr.Md. Nadim Seraj (Gp5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-12-2023

1. The present writ petition has been filed seeking the following relief(s):- "(A) A writ in the nature of certiorari or any other appropriate writ order/orders, direction, quashing the following;

I. The order containing Memo No. 1359 dated 24.8.2021 issue under the signature of the District Magistrate Gopalganj (Partly) by which the District Magistrate directing the conducting Officer cum-S.D.O. Hathua, Gopalganj to conclude the departmental

Patna High Court CWJC No.6969 of 2022(2) dt.12-12-2023 2/3 proceeding against the petitioner and submit its report within a period of two month for further action.

(B) A writ in the nature of mandamus or any other appropriate writs order/orders, direction/directions commanding the respondents for the following;

I. To exonerate the petitioner from departmental proceeding forth with.

II. To hold that the petitioner have been acquitted by the learned trial court for the charges which is sole ground for initiation of the departmental proceeding. Hence the respondent is under obligation to discharge the petitioner for the departmental proceeding.

III. To pay the salary to the petitioner forthwith.

IV. To pay the salary of the suspension period to the petitioner forthwith.

V. To pay panel interest to the petitioner on his dues amount."

2. Though the petitioner has challenged the memo dated 24.08.2021, but he is not averse to the idea of the disciplinary authority being directed to conclude the departmental proceeding in question, within a period of six months from today, however, he submits that in case any amount of subsistence allowance is outstanding for payment for the

Patna High Court CWJC No.6969 of 2022(2) dt.12-12-2023 3/3 period of suspension, the same be also paid within a period of one month from today. It is directed accordingly.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U