Santosh Kumar Chaudhari @ Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8345 of 2023 ====================================================== Santosh Kumar Chaudhari @ Santosh Kumar Son of Shri Devraj Chaudhari, resident of village Danu Bigha, P.O. - Manjhosh, P.S. - Makhdumpur, Majhos, District- Jehanabad, Bihar - 804424.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.
2.
The Principal Secretary, Education Department, Government of Bihar, Patna.
3.
The Director, Primary Education, Government of Bihar, Patna. 4.
The District Education Officer, Jehanabad.
5.
The District Programme Officer (Establishment) Jehanabad. 6.
The Block Development Officer, Jehanabad.
7.
The Block Education Officer, Jehanabad.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aishwarya Singh For the Respondent/s :
Mr.Jitendra Kr. Roy 1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-11-2024 Heard learned counsel for the petitioner and learned counsel for the respondent / State.
2. This writ application has been filed for following reliefs:- "(i) To quash the order dated 07.12.2017, issued by the Block Development Officer, Jehanabad whereby the petitioner was put under suspension on the basis of an FIR registered by the Vigilance committee that the total merit marks as mentioned in the select list was shown as 77.55% whereas the same has obtained from the relevant academic certificates is 49.77% only.
(ii) To revoke the prolonged suspension of
Patna High Court CWJC No.8345 of 2023(2) dt.26-11-2024 2/3 the petitioner and to reinstate him back to his position on the present pay scale which shall be payable to him from the date of his resuming the office.
(iii) To provide him arrears of subsistence allowance and outstanding dues of his salary for the entire period he remained under suspended from his services as he is suffering from irreparable financial loss due to his suspension and is the sole bread earner of his family and is unable to support his family."
3. Learned counsel for the parties are in agreement that the present writ petition can be disposed of with a direction to the disciplinary authority to dispose off the connected disciplinary proceedings, sought to be initiated in pursuance of the order dated 07.12.2017 passed by the Block Development Officer, Jehanabad within a period of four months from today, failing which the order of suspension shall stand revoked automatically.
4. Having regard to the submissions made by the learned counsel for the parties, the present writ petition is disposed of with a direction to the disciplinary authority to complete the disciplinary proceedings and pass the final orders within a period of four months from today, failing which the order of suspension shall stand revoked automatically.
5. It is further directed that the subsistence allowances
Patna High Court CWJC No.8345 of 2023(2) dt.26-11-2024 3/3 and the outstanding dues of salary should be paid forthwith within a period of four weeks from today, failing which the concerned authority shall not draw his salary. (Prabhat Kumar Singh, J) anay U