Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8959 of 2022 ====================================================== Sudhir Kumar Son of Sh. Ram Das Resident of Mohalla- Noon Ka Chauraha, Chaughra, P.O.- Patna City, P.S.- Khajekalan, District- Patna, Bihar. ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3.

The Additional Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

4.

The Joint Secretary-cum-Assistant Director, Urban Development and Housing Department, Government of Bihar, Patna. 5.

The Director Municipality Administration-cum-Special Secretary, Urban Development and Housing Department, Government of Bihar, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Himanshu Kumar Akela, Advocate For the Respondent/s :

Mr.Abbas Haider (SC-6) Mr.Ranjay Kumar Singh, AC to SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, in this case, is seeking a direction to the respondents to forthwith revoke the suspension of the petitioner with effect form 14.11.2019 by notification as contained in Memo No. 6737 dated 24.12.2019 issued by respondent no. 3 under rule 9(3)(ii) of the Bihar Civil Services (Classification, Control and Appeal) Rule, 2005 (hereinafter referred to as "the Bihar CCA Rules") and further for a direction upon the respondents to enhance and pay the arrears of the

Patna High Court CWJC No.8959 of 2022(3) dt.11-05-2023 2/2 subsistence allowance for the period beyond Twelve Month of suspension as per the Provisional Rule 10(1)(i) of the Bihar CCA Rules, 2005.

Having regard to facts and circumstances of the case and the statements made in paragraph '16' of the writ application saying that the petitioner has filed several representations requesting respondent no. 2 to revoke his suspension in view of the prolonged pendency of the departmental proceeding, this Court directs respondent no. 2 to consider the representation of the petitioner and take an appropriate view of the matter within a period of two months from the date of receipt/production of a copy of this order. This Writ Application is disposed of.

Respondent no. 2 shall consider the desirability to keep the petitioner under suspension for such a long time and shall also look into his grievance as to subsistence allowance in accordance with the rules.

(Rajeev Ranjan Prasad, J.) Rajeev/- U