Awadhesh Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) Civil Writ Jurisdiction Case No.12302 of 2019 ====================================================== Awadhesh Kumar Choudhary Son of Late Janak Lal Choudhary, Resident of Ashok Steel Road Naya Tola, Ward No. 34, Katihar, P.S. and District-Katihar. ... ... Petitioner

Versus

1.

The State of Bihar through the Secretary, Public Health and Engineering, Department, Government of Bihar, Patna.

2.

The Engineer-in-Chief-Cum-Special Secretary, Department of Public Health and Engineering, Government of BIhar, Patna.

3.

The Additional Secretary, Public Health Department, Government of Bihar, Patna.

4.

The Chief Engineer, Public Health and Engineering Department, Governmetn of BIhar, Patna 5.

The Zonal Chief Engineer, P.H.E. Deptt. Purnia Zone, Purnia. 6.

The Superintending Engineer, P.H. Circle, Purnia. 7.

The Executive Engineer, P.H. Division, Katihar. 8.

The Executive Engineer, Public Health Division, Araria. 9.

The Assistant Engineer, P.H. Sub Division, Araria (West), Araria. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Baleshwar Kamat,Advocate For the Respondent/s :

Mr.Alok Ranjan AC to AAG5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-06-2020 This application has been placed for consideration by the order of the Hon'ble the Chief Justice through virtual court proceeding.

Heard learned counsel for the petitioner and the State. The petitioner in this case has challenged the office order no. 18 dated 18.03.2019 as contained in memo no. 438 dated 18.03.2019 whereby he was placed under suspension at a departmental proceeding in respect of the charges served upon him in "Form-Ka" had been initiated. Petitioner also prayed for a direction

Patna High Court CWJC No.12302 of 2019(3) dt.08-06-2020 2/2 to pay subsistence allowance which according to him was not paid to him till date.

Mr. Alok Ranjan, learned AC to AAG-5 has appeared and submits that he has telephonic instructions to say that during the pendency of the writ application the petitioner has retired from service while remaining under suspension. He has also instruction to say that the departmental proceeding initiated against the petitioner shall be concluded within a reasonable period. Considering the aforesaid submission of learned counsel for the State and by taking note of the same this writ application is being disposed of in terms of the statement made on behalf of the State.

The State authorities must conclude the departmental proceeding within a period of four months from the date of receipt/production of a copy of this order and in case the petitioner has not been paid the subsistence allowance as has been stated in the writ application, it will be the responsibility of the concerned competent authority of the department to ensure that such admissible payments be also made within the same period. This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/Rajeev U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.