Asha Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10046 of 2019 ====================================================== Asha Tiwari Wife of Sri Shyam Bihari Tiwari, Resident of Village- Kathar, P.S. Krishna Brahm Sthan, District- Buxar, Earlier posted as an Assistant Teacher and Incharge Headmaster in Higher Secondary, Government School, Tilauthu, Rohtas(Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Secondary Education (Madhyamik Shiksha) Education Department, Govt. of Bihar, Patna.

4.

The R.D.D.E. Patna Division, Education Department, Govt. of Bihar, Patna. 5.

The District Education Officer, Education Department, Rohtas at Sasaram. 6.

The District Programme Officer(Establishment) Education Department, Rohtas at Sasaram.

7.

The District Programme Officer(RMSA), Education Department, Rohtas at Sasaram.

8.

The District Magistrate(D.M). Rohtas, District- Rohtas at Sasaram. 9.

The Deputy Development commissioner(D.D.C) Cum Chief Executive Officer, Zila Parishad, Rohtas at Sasaram.

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

For the Petitioner/s :

Mr.Dr. Chandra Shekhar Azad For the Respondent/s :

Mr. Arbind Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-05-2019 The present writ petition has been filed for quashing the order dated 01.08.2018, whereby and whereunder the petitioner has been put under suspension in contemplation of a departmental proceeding.

The learned counsel for the petitioner informs this Court that already, the departmental proceeding is on and the inquiry has already been completed, however no final order is

Patna High Court CWJC No.10046 of 2019(2) dt.07-05-2019 2/2 being passed either exonerating the petitioner or indicting her. Per contra, the learned counsel for the respondents submits that the departmental proceeding would be completed expeditiously and the final order would be passed forthwith. Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with a direction to the disciplinary authority to conclude the departmental proceeding and pass a final order within a period of three months from today, failing which the order of suspension dated 01.08.2018 passed by the Director, Secondary Education (Madhyamik Shiksha) Education Department, Government of Bihar, Patna shall stand revoked automatically. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U