Sujeet Kumar Pandey v. The State Of Bihar, Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11222 of 2021 ====================================================== Sujeet Kumar Pandey S/O Late Hare Krishana Pandey R/O - Vill. and P.O. -0 Aruan, P.S. - Bhagwanpur Hat, District- Siwan - 841408. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Rural Works Department, Government of Bihar, Patna.

2.

The Engineer in Chief, Rural Works Department, Government of Bihar, Patna.

3.

The Chief Engineer- 3, Rural Works Department, Government of Bihar, Patna.

4.

The Superintending Engineer, rural Works Department, Works Circle, Siwan.

5.

The Executive Engineer, rural Works Department, Works Division, Gopalganj.

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

For the Petitioner/s :

Mr.Shashi Shekhar Tiwary, Advocate For the State :

Mr.Prem Ranjan Raj, AC to SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-11-2023

1. The present writ petition has been filed seeking the following relief(s):- "1. The Departmental proceeding so initiated in view of the memo no.347 dated 09.01.2019 (Anx. Pg.) may kindly be quashed, as the same is alien to law and procedure so prescribed in this regard.

II. The Respondents may kindly be directed to not declare the petitioner guilty for either of the allegation/ offence which was / is subject matter of the above said memo dated 09.01.2019 without following the due process of law

Patna High Court CWJC No.11222 of 2021(2) dt.03-11-2023 2/3 coupled with the material available on record to ensure substantial justice.

III. The Respondents may kindly be directed to benefits in petitioner, extent all the favour of the which was / is naturally admissible to him during the course of the service tenure under usual discharge of the official duty so embedded with him.

IV. The Respondents alternatively may kindly be directed to disposed of the Departmental appeal (Anex- Page), so preferred by the petitioner, at earliest, with the reasoned and speaking order under independent application of the judicial mind to ensure substantial justice."

2. At the outset, the learned counsel for the petitioner submits that the petitioner has already preferred an appeal before the Engineer in Chief, Rural Works Department, Government of Bihar, Patna, hence the same be directed to disposed off, expeditiously.

3. Having regard to the limited prayer made by the petitioner in the present writ petition, I deem it fit and proper to direct the appellate authority to dispose off the appeal, filed by the petitioner, in case the same has been filed and is still pending by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks of receipt/production of a copy

Patna High Court CWJC No.11222 of 2021(2) dt.03-11-2023 3/3 of this order.

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

(Mohit Kumar Shah, J) Saurav/- U