Bijay Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7386 of 2022 ====================================================== Bijay Kumar Gupta Son of Sri Janki Prasad Gupta Resident of Ward No.26, Shahpur, P.S. and District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Secondary Education, Govt. of Bihar, Budh Marg, Patna.

2.

The Director, Secondary Education, Govt. of Bihar, Budh Marg, Patna. 3.

The Regional Deputy Director of Education, Magadh Division, Gaya. 4.

The District Education Officer, Aurangabad.

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

For the Petitioner/s :

Mr.Bipin Bihari Singh, Advocate For the Respondent/s :

Mr.Subhash Chandra Mishra ( SC- 16 ) Mr. Madhukar Mishra, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-02-2024 The present writ petition has been filed seeking the following relief:- "1. That the writ petition is being preferred for assailing the validity and correctness of the order of punishment passed and issued by the Regional Deputy Director of Education, Magadh Division, Gaya, under Memo No. 92 Gaya dated 27.01.2022 suspending one increment with cumulative effect without appreciating facts, law and reply furnished by the petitioner along with supportive documents in

Patna High Court CWJC No.7386 of 2022(2) dt.13-02-2024 2/3 support of his innocence as well as the subsequent prayer for reversing the subsequent order under no. 152 dated 10.02.2022 whereby and whereunder in forwarding of the said communication it was incorporated that in response to the order of punishment he is not entitled for benefits and other allowances during suspension period except to subsistence allowances whereas, the same is not a part of punishment and for other necessary relief/reliefs to the basis of facts and circumstances of the case as stated, enumerated and discussed hereinafter."

2.

At the outset, the learned counsel for the petitioner has sought to confine the prayer made in the present writ petition to issuance of a direction upon the Director/Deputy Director, Secondary Education, Government of Bihar, Patna to dispose off the pending appeal of the petitioner, within a stipulated time frame.

3.

The learned counsel for the respondentState submits that in case the appeal filed by the

Patna High Court CWJC No.7386 of 2022(2) dt.13-02-2024 3/3 petitioner is still pending, the same would definitely be disposed off within a stipulated time frame.

4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Director/Deputy Director, Secondary Education, Government of Bihar, Patna to dispose off the pending appeal of the petitioner, within a period of four weeks of receipt/production of a copy of this order.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U