Raj Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10287 of 2020 ====================================================== Raj Kumar Jha S/o Sri Mahesh Jha Back of Nazirpur, Muzaffarpur, At present- Suspended Panchayat Secretary, Gram Panchayat Raj, Belaur, Dih, Circle- Kudhani, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna 3.

The Director Agriculture Department, Bihar, Patna 4.

The Director, Panchayati Raj Department, Bihar, Patna 5.

The Divisional Commissioner, Tirhut Division, Muzaffarpur 6.

The District Magistrate, Muzaffarpur 7.

The District Education Officer, Muzaffarpur 8.

The District Programme Officer, (Est.) Muzaffarpur 9.

The Block Development Officer, Kudhani, Muzaffarpur 10.

The Block Eduation Officer, Kudhani, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-01-2022 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 the following relief/reliefs:

"That this is an application for issuance of an appropriate writ or writs, order or direction to the respondent authorities to quash the order as contained in memo no. 95 dated 18.01.2020 passed by the District Magistrate, Muzaffarpur whereby and whereunder without appreciating the factual, legal and provision under statute he has placed the

Patna High Court CWJC No.10287 of 2020 dt.10-01-2022 2/2 petitioner under suspension with immediate effect and fixed the head quarter at Paru Block with the direction for the payment of nothing more than subsistence allowance and for necessary relief/reliefs on the basis of facts and circumstances of the case stated and discussed hereinafter."

3. In in the instant petition, petitioner has questioned the validity of suspension order passed by the District Magistrate, Muzaffarpur. During the pendency of the present petition disciplinary proceedings was concluded in imposition of penalty and petitioner was taken back to duty. In other words, order of suspension was revoked. In the light of these facts and circumstances, the present petition do not survive for consideration.

4. Petitioner is at liberty to question the final order passed in the disciplinary proceedings and so also he is permitted to make necessary representation to regulate the suspension period in accordance with law. If such representation is submitted, the competent authority is hereby directed to pass a speaking order in regulating the suspension period within a period of three months from the date of filing of such representation.

5. Accordingly, the present petition stands disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 14.01.2022 Transmission Date