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Patna High CourtCWJC/11873/2015disposed

Gauhar Anjum v. The State Of Bihar And ORS

2015-10-08Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11873 of 2015 ===========================================================

1. Gauhar Anjum wife of Rafi Ahamad Khan, Resident of Mohalla- Chawani Betiah, P.S - Bettiah, District -West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Education Department, New Secretariat, Government of Bihar, Patna.

3. The Director (Primary) Education Department, New Secretariat, Govt of Bihar, Patna.

4. Director (Training and Research) Education Department, New Secretariat, Patna.

5. Principal, Daiet College, Rambagh, Muzaffarpur, District Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pratap Sharma For the Respondent/s : Mr. K.K. JHA- AAG14 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 08-10-2015 Post suspension salary of the petitioner has been paid. However, even the period of payment is disputed by the counsel for the petitioner.

This Court is not inclined to pass any order in favour of the petitioner for payment of salary for the period of suspension over and above the subsistence allowance at this juncture since departmental proceeding has not reached finality.

Since the enquiry has already been concluded, it is hoped and expected that the disciplinary authority will take a final decision within a period of three months. The claim of the petitioner with

Patna High Court CWJC No.11873 of 2015 dt.08-10-2015 2 / 2 regard to salary for that period will be dependent on the final order which will be passed by the disciplinary authority in the departmental proceeding.

Writ application is disposed of in terms of the above direction.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U