Lal Bahadur Shastri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3034 of 2021 ====================================================== Lal Bahadur Shastri Son of Chhote Lal Prasad, Resident of Village and P.O.- Nahub, P.S.-Nahub, District Nawada, State Bihar. ... ... Petitioner

Versus

1.

The State of Bihar Bihar.

2.

The Principal Secretary, Land and Revenue Department, Bihar, Patna. 3.

The District Magistrate, Sheikhpura.

4.

The Circle Officer, Chevda, Sheikhpura.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Kaushal Kishor For the Respondents :

Mr.Subash Chandra Yadav (GP 15) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-04-2021 The matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

The petitioner at the relevant point of time was posted as Rajaswa Karmachari in Circle Office, Chewara in the district of Sheikhpura, when by an order dated 08.03.2017 he was put under suspension. The said order dated 08.03.2017 passed by the District Magistrate, Sheikhpura is under challenge in the present writ application.

Learned counsel appearing on behalf of the petitioner referring to the averments made in the writ application has submitted that though a departmental proceeding has been initiated against him, till date final decision has not been taken

Patna High Court CWJC No.3034 of 2021(4) dt.13-04-2021 2/2 and the petitioner has been allowed to remain under suspension for more than four years.

Considering the facts and circumstances, this application is disposed of with a direction to the District Magistrate, Sheikhpura to ensure that the departmental proceeding is concluded within a period of six months from the date of receipt/production of a copy of this order. If the petitioner has not been paid his subsistence allowance for the period during which he has remained under suspension, it is directed that the same must be paid within one month from today.

If the departmental proceeding is not concluded within six months with the passing of the final order by the disciplinary authority, as directed above, the order of suspension shall become inoperative.

This application stands disposed of accordingly. Learned counsel for the State is present.

(Chakradhari Sharan Singh, J) AKASH/- U