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Patna High CourtCWJC/8431/2019disposed

Mithilesh Chandra Jha v. The State Of Bihar

2023-12-08Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8431 of 2019 ====================================================== Mithilesh Chandra Jha Son of Parmeshwar Jha Resident of Village-Jhakhara, Post-Kadra Chak, Police Station-Shambhuganj, District-Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2.

The Director Secondary Education, Government of Bihar, Buddha Marg, Patna.

3.

The Dy Director, Secondary Education, Bihar, Patna. 4.

The Regional Deputy Director of Education, Bhagalpur Pramandal, Bhagalpur.

5.

The District Education Officer, Banka.

6.

The District Programme Officer (Establishment) Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Neeraj Kumar For the Respondent/s :

Mr. Madhaw Pd. Yadaw (Gp23) :

Mr. Arvind Kumar (Ac to Gp23) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-12-2023

1. Heard the parties.

2. The petitioner was acting Headmaster who retired on 31.01.2014. After his retirement, a memo of charge was served upon him for initiating departmental proceeding having three charges including the charge of providing scholarship to wrong student. An Inquiry Officer was appointed and an inquiry report dated 09.02.2018 was submitted by the Inquiry Officer holding the charges against the petitioner proved. A second show cause has been served upon the petitioner vide letter No. 781, dated 17.03.2018. The petitioner submitted his reply to the

Patna High Court CWJC No.8431 of 2019(4) dt.08-12-2023 2/2 show cause and since the ongoing departmental proceeding was stayed by this Court vide order dated 22.04.2019, a final decision/order in the departmental proceeding could not be passed by the disciplinary authority.

3. In view of the aforesaid factual background, the present writ application is disposed of with a direction to disciplinary authority to take a final decision within a period of three months from the date of receipt/production of a copy of this order.

(Anil Kumar Sinha, J) HarshPandey/- U