Shree Niwash v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23035 of 2013 ======================================================

1. Shree Niwash Son Of Late Radhey Shyam Sharma Resident Of Village Salempur, P.S.- Hulasganj, District- Jahanabad .... .... Petitioner/s

Versus

1. The State Of Bihar, Through Director-In-Chief, Health Services, Government Of Bihar, Old Secretariat, Patna

2. Director-In-Chief, Health Services, Government Of Bihar, Old Secretariat, Patna

3. The District Magistrate/Collector, Nalanda

4. The Civil Surgeon-Cum-Chief Medical Officer, Nalanda

5. Executive Officer, Nagar Parishad, Hilsa, Nalanda

6. Medical Officer/Incharge, Primary Health Centre, Kharathua, Nalanda

7. Medical Officer/Incharge, Primary Health Centre, Chandi, Nalanda

8. Medical Officer/Incharge, Primary Health Centre, Islampur, Nalanda .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh For the Respondent/s : Mr. Prabhat Kumar Singh, SC 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 07-01-2015 With prima facie serious allegations having been made against the petitioner including filing of FIR against the petitioner there are circumstances under which this Court comes to a conclusion that the petitioner was required to be put under suspension.

If the petitioner cooperates with the disciplinary authority in holding a departmental proceeding and concluding it within a reasonable time frame, the authorities will surely ensure that the petitioner is given an opportunity to explain his position and conduct so that taint brought against him is put to rest with

Patna High Court CWJC No.23035 of 2013 (2) dt.07-01-2015 2/2 due expedition.

Let the petitioner appear before the disciplinary authority within two weeks from today and the disciplinary authority will pass appropriate direction including handing over of charge-sheet etc., if it has not been done so far, so that the departmental proceeding can be expedited.

If the departmental proceeding is not concluded within a period of four months for the reasons not attributable to the petitioner then there may be occasion to consider the prayer of the petitioner for revoking the order of suspension. Writ stands disposed of with the above observation and direction.

(Ajay Kumar Tripathi, J) sk U