Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13878 of 2021 ====================================================== Manoj Kumar son of Late Narendra Kumar resident of village - Manara, PsNoorsarai, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Nalanda.

3.

The Additional Collector, (Establishment) Nalanda. 4.

The Additional Collector, (Revenue) Nalanda.

5.

The Sub Divisional Officer, Hilsa, Nalanda.

6.

The Circle Officer, Ekangarsarai, P.S. - Ekangarsarai, District- Nalanda. 7.

The Circle Officer, Giriyak, Ps- Giriyak, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Verma For the Respondent/s :

Mr.Prabhat Kumar Verma (Aag3) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 04-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for following reliefs:

"i. To issue a writ in the nature of Certiorari to quash the suspension of the petitioner issued vide office order bearing memo no. 605 dated 18.02.2020.

ii. To issue a writ in the nature of Certiorari to quash the fixation of head quarter at Giriyak vide office order bearing memo no. 1715 dated 23.06.2021, which is contrary to Rules.

iii. To issue a writ in the nature of Mandamus commanding to the respondents to revoke the suspension of the

Patna High Court CWJC No.13878 of 2021 dt.04-01-2022 2/2 petitioner as the service of the petitioner is being treated till date under suspension without any valid order or without framing and serving the copy of charge sheet.

iv. To issue any other writ or writs, direction or directions, pass any order or orders for which the petitioner is entitled to in the facts and circumstances of this Case."

3. During pendency of the present petition, order of suspension dated 18.02.2020 was revoked on 21.12.2021.

4. In view of the later development, the concerned respondent is hereby directed to complete the enquiry proceedings within a period of three months from the date of receipt of this order and thereafter pass order regulating the suspension period in accordance with law. If the subsistence allowance is not paid to the petitioner, the same shall be paid to him within a period of two weeks from today, failing which petitioner is entitled to interest @ 6% on subsistence allowance.

5. With the aforesaid observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date Transmission Date