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Patna High CourtCWJC/11925/2021dismissed

Ramnandan Ram v. The State Of Bihar Through The Principal Secretary,

2022-07-13Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11925 of 2021 ====================================================== Ramnandan Ram son of Gonaur Ram Resident of village - Bittho, Ishapur, Sarisavpahi, P.s. - , Dist. - Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Govt. of Bihar, Patna.

2.

The Director, Education Department, Govt. of Bihar, Patna. 3.

The Regional Dy. Director, Education Department, Darbhanga Division, Govt. of Bihar, Patna.

4.

The District Magistrate, Madhubani.

5.

The District Programme Officer, Establishment Madhubani. 6.

District Education Officer, Madhubani.

7.

Block Education Officer, Pandaul, Madhubani.

8.

Block Education Officer, Rahika, Madhubani.

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Adv.

For the Respondent/s :

Smt. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 13-07-2022 The petitioner by way of this writ petition prays for payment of salary for the suspension period undergone by him from 25.01.2019 to 31.10.2019 on the ground that the suspension order has been revoked by the Appellate Authority vide its order dated 28.02.2019.

I have considered the submissions and I find that while revoking of suspension order, the departmental enquiry was directed to be continued.

Keeping in view that the departmental enquiry has not

Patna High Court CWJC No.11925 of 2021(2) dt.13-07-2022 2/2 been completed, the payment of dues relating to the suspension period would be only after result. If the petitioner has been convicted/held guilty of the charges in the departmental enquiry, the same would have an effect on the order. Similarly, if he is acquitted the authority will examine the case accordingly. At this stage, the writ petition is accordingly premature and is accordingly dismissed.

(Sanjeev Prakash Sharma, J) amit/- Item no.30 U