Patna High CourtCWJC/21236/2014dismissed

Pawan Kumar Singh v. The State Of Bihar And ORS

2015-07-27Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21236 of 2014 ====================================================== Pawan Kumar Singh, S/o Sureshwar Singh, resident of Village- Chanushi, P.S.- Rahika, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Madhubani.

2. The Additional Collector, Madhubani.

3. The Sub Divisional Officer, Sadar, Madhubani.

4. The Estblishment Deputy Collector, Madhubani.

5. The District Education Officer, Madhubani.

6. The District Programme Officer (Establishment), Madhubani. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate.

For the Respondent/s :

Mr. Uday Shankar Sharan Singh Gp-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 27-07-2015 Heard learned counsel for the parties.

2. Having regard to the fact that that the petitioner in this writ application has assailed an order dated 08.11.2014 whereby and whereunder the District Magistrate has directed the District Education Officer to place the petitioner under suspension and the fact that no suspension order has been issued till now in a period of more than eight months will make it clear to this Court that the petitioner still has no cause of action inasmuch as the order of suspension has not been issued as yet.

3. The submission of the learned counsel for the petitioner that the such order of Collector of the District may now lead to suspension, has to be only noted for it being rejected as this

Patna High Court CWJC No.21236 of 2014 (2) dt.27-07-2015 2/2 Court is not inclined to issue any anticipatory writ.

4. Be that as it may, this writ application is wholly misconceived and is, accordingly, dismissed.

5. Nothing said in this order however will come in the way of the petitioner, to move competent authority/court in case he would be placed under suspension.

(Mihir Kumar Jha, J) Sujit/- U