Mahendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7323 of 2023 ====================================================== Mahendra Chaudhary Son of late Basant Chaudhary then Executive Engineer Irrigation Division, Bathnaha, Resident of Village-Punarah @ Punar, Police Station-Atari, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through Addl. Chief Secretary, Water Resources Department, Sinchai Bhawan, Old Secretariat, Patna. 2.

The Secretary Water Resources Department, Sinchai Bhawan, Old Secretariat, Patna.

3.

The Joint Secretary Water Resources Department, Sinchai Bhawan, Old Secretariat, Patna.

4.

The Deputy Secretary Water Resources Department, Sinchai Bhawan, Old Secretariat, Patna.

5.

The Chief Engineer Irrigation Creation, Water Resources Department, Purnea.

6.

The Superintending Engineer Irrigation Creation Circle, Purnea. 7.

That Executive Engineer Water Resources Department, Irrigation Division, Araria, Disrict-Araria.

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

For the Petitioner/s :

Mr.Raj Kumar, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh (GA-2) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner approached this Court aggrieved by his continued suspension in terms of Memo dated 25.07.2018. It is not in dispute that the departmental proceedings subsequent to the petitioner's suspension has already concluded vide notification dated 18.07.2023 bearing Memo No. 1183 issued by the Water Resources Department. The charges have not been

Patna High Court CWJC No.7323 of 2023(2) dt.06-10-2023 2/2 found proved and suspension has been revoked and the order directs for payment of full salary and allowances for the period of suspension.

3. In view of this development subsequent to the filing of the writ application, the same has become infructuous. The petitioner's counsel, at this stage, submits that payments, however, have not been made till date.

4. The Respondent No. 6 should ensure payment to the petitioner in terms of the said order as due and admissible in accordance with law within eight weeks from the date of receipt/production of a copy of this order.

5. The writ application is disposed of with the above direction.

(Madhuresh Prasad, J) Pankaj/- U