Arvind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13662 of 2019 ====================================================== Arvind Kumar Singh S/o Kapildeo Singh Resident of Village Mari Pur, PO Khodad Pur,PS Madhuban,Dist. East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Director I.C.D.S. Bihar Patna 3.

The District Collector, East Champaran at Motihari 4.

The Deputy Development Commissioner, East Champaran at Motihari 5.

The Additional Collector, East Champaran at Motihari 6.

The District Program Officer(D.P.O.) Welfare Department, East Champaran at Motihari 7.

The Child Development Project Officer, Chakia, East Champaran 8.

The Child Development Project Officer, Fenhara, East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Respondent/s :

Mr. S. K. Mandal ( Sc3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 17-06-2020 Heard the parties.

This writ petition has been filed by the petitioner for quashing the order dated dated 23.02.2019 passed by District Collector, East Champaran, Motihari by which petitioner has been put under suspension in contemplation of departmental proceeding under Rule 9 of Bihar CCA Rules, 2005. Counter affidavit has been filed on behalf of respondents in which it is stated that writ petitioner was deputed

Patna High Court CWJC No.13662 of 2019 dt.17-06-2020 2/3 as junior division clerk in the office of Child Development Project, Motihari, Rural and he was custodian of file relating to selection of Anganwari Sevika and Shaiyaka and keys of almirah were with him. He was transferred to Chakiya in the office of CDPO where he joined on 19.7.2018 and during the handing over the charge in the office of CDPO, Motihari, Rural file relating to Sevika and Shaiyaka were found to be stolen for which an FIR was instituted by the petitioner and subsequently a three man committee was also constituted to enqiure into the matter who submitted its report on 18.9.2018 which found the involvement of petitioner in the theft and as a consequence of which, he was put under suspension vide memo no.872 dated 23.2.2019.

During the course of hearing, it was brought to the notice of this Court by the counsel of the respondents that order of suspension of petitioner has been revoked which is not disputed by the counsel for the petitioner as such, the grievance of the petitioner stands redressed. It has been further submitted by counsel for the State that allotment for making payment of subsistence allowance has been made and as soon as same is made available, it will be paid to the petitioner. Charges have already been framed on 28.6.2019 and departmental proceeding

Patna High Court CWJC No.13662 of 2019 dt.17-06-2020 3/3 is under progress.

The writ petition is disposed of with a direction to the disciplinary authority to conclude the departmental proceeding pending against petitioner within six months from the date of receipt/production of a copy of order passed by this Court.

(S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.06.2020 Transmission Date NA