Ganesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13489 of 2019 ====================================================== Ganesh Prasad S/o Gopal Prasad R/o Village and P.O.-Sirsi, P.S.-Chainpur, District-Kaimur at Bhabhua. At present Large Building, Near Maszid Sultanpur, P.S.-Danapur, P.O.-Danapur Cantt. District-Patna ... ... Petitioner/s

Versus

1.

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

The Secretary Human Resource Development Department, Govt. of Bihar, Patna 3.

The Divisional Commissioner Patna 4.

The District Magistrate Buxar 5.

The District Development Commissioner cum Chief Executive Officer District Council, Buxar 6.

The District Education Officer Buxar 7.

The District Program Officer (Establishment) Buxar 8.

The Headmaster Plus 2 Project Girls High School, Brahmpur, Buxar 9.

Sri Abhyanand Yadav Clerk, Plus 2 Project Girls High School, Brahmpur, Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sujeet Kumar Gupta, Advocate For the Respondent/s :

Ms. Neetu Jha, A.C. to G.A. 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is aggrieved by the order contained in Annexure 6, dated 01.09.2017. The Deputy Development Commissioner-cum-Chief Executive Officer, District Council, Buxar, has issued the order of suspension. The order of suspesnion of the petitioner in contemplation of departmental proceeding cannot continue for indefinite period. All though

Patna High Court CWJC No.13489 of 2019(2) dt.05-07-2019 2/3 Annexure 3, in fact, indicates that the petitioner is entitled to subsistence allowance. It is alleged in the writ petition that the petitioner has not been paid subsistence allowance. The petitioner has also raised the issue of competence of District (Deputy) Development Commissioner in the matter of passing order of suspension.

Considering the fact that the petitioner has remained under suspension from 01.09.2017, the order of suspension continuing is quashed. The respondents are hereby directed to complete the departmental proceedings, if any, against the petitioner within a maximum period of 4 months from the date of receipt/production of a copy of this order. It is made clear that the petitioner has not been paid subsistence allowance, then the entire departmental proceedings shall stand vitiated in view of the law laid down by the Apex Court in the case of State of Maharashtra Vs. Chandrabhan Tale, reported in AIR 1983 SC 803 and the judgment in the case of (Capt.) M. Paul Antony Vs. Bharat Gold Mines.

While disposing of the present writ petition the Court directs the respondents to ensure the payment of subsistence allowance to the petitioner within a period of one month from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.13489 of 2019(2) dt.05-07-2019 3/3 With the aforesaid, the present petition stands allows and disposed of to the extent stated hereinabove. (Anil Kumar Upadhyay, J) uma/- U