Pawan Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12317 of 2013 =========================================================== Pawan Kumar Singh, Son of Late Satish Chandra Singh, Resident of VillageKasba, P.S.- Tarapur, District- Munger. At Present Residing at Mo.- Bhikhanpur Gumti No. 2, Besauri Asthan, P.S.- Ishaqchak, District- Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Banka

3. The Additional Collector, Nazarat, Banka

4. The Sub-Divisional Officer, Banka

5. The Circle Officer, Belhar, Banka .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL JUDGMENT Date: 20-03-2015 Heard learned counsel for the petitioner and the State.

2. Petitioner, who served as Upper Division Clerk in the Revenue Section of the Collectorate, Banka, has filed this writ petition assailing the suspension order bearing Memo No. 844 dated 15.10.2012, Annexure-2 on the ground that charge-sheet pursuant to the suspension order was not served on him within the time required under sub-rule (7) of Rule 9 of the CCA Rules, 2005.

2. It is submitted that the charge-sheet was served on the petitioner in January, 2014 whereafter petitioner filed his written defence and the Enquiry Officer has submitted enquiry report dated 26.08.2014. Counsel for the State Sri Parmeshwar Vishwakarma, AC

Patna High Court CWJC No.12317 of 2013 dt.20-03-2015 2/2 to GP-28 states that second show cause notice under Memo No. 63 dated 23.01.2015 has been issued to the petitioner, copy whereof is also being served on the counsel for the petitioner.

3. Let petitioner file reply to the second show cause notice within 15 days from the date on which copy of the second show cause notice is served on his counsel, in not already filed, which should be considered in accordance with law as early as possible, in any case within one month from the date of receipt of the second show cause reply. Meanwhile, petitioner be paid arrears of subsistence allowance within two weeks from the date of receipt/ production of a copy of this order before the authorities.

4. This petition is, accordingly, disposed of. (V.N. Sinha, J.) Rajesh/- U