Dr. Bhola Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8607 of 2019 ====================================================== Dr. Bhola Singh S/o Late Babu Lal Yadav Resident of 95 MIG, Housing Board Colony,A.P. Colony, Gaya, P.O. Rampur, P.S. Rampur,Dist.-Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Education,Govt. of Bihar,Patna 3.

The Secretary, Department of Education,Govt. of Bihar,Patna 4.

The Director Secondary Education,Govt. of Bihar,Patna 5.

The Regional Deputy Director of Education, Magadh Division,Gaya,Dist.- Gaya 6.

The District Education Officer,Gaya,Dist.-Gaya 7.

The District Programme Officer(Establishment),Gaya,Dist.-Gaya 8.

The District Programme Officer (Secondary Education), Gaya, Dist.-Gaya 9.

Sri Deepak Kumar S/o Naresh Prasad Presently posted as computer Teacher at Model Inter and 2 School, Gaya 10.

Sri Shailesh Kumar Pankaj S/o Sadhu Sharan Yadav Presently posted as Hindi and 2 Neyojit Teacher at T. Model Inter and 2 School, Gaya,Dist.- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Bahadur Singh : Mr. Brisketu Sharan Pandey For the Respondent/s :

Mr.Kameshwar Kumar (Gp17) : Mr. Amit Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-04-2019 The present writ petition has been filed for quashing the order dated 26.03.2019 passed by the Director, Secondary Education, Bihar, Patna, whereby and whereunder the petitioner has been put under suspension. The petitioner has further assailed the Memo of Charge dated 26.03.2019, whereby and whereunder the respondents have sought to initiate departmental

Patna High Court CWJC No.8607 of 2019(2) dt.23-04-2019 2/2 proceedings as against the petitioner herein. The learned Senior counsel for the petitioner submits that though according to the petitioner, the order of suspension and initiation of departmental proceedings are malafide, however he is ready to cooperate in the departmental proceedings and the disciplinary authority be directed to expedite the pending departmental proceedings. Per contra, the learned counsel for the respondents submits that the respondents do not have any objection if a direction is issued to the disciplinary authority to conclude the proceedings within the statutory time frame.

Having regard to the facts and circumstances of the case, this Court directs the disciplinary authority to conclude the departmental proceedings as against the petitioner herein and pass a final order within a period of four months from today, failing which the order of suspension dated 26.03.2019 shall stand revoked automatically.

The present writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U