Patna High CourtCWJC/4479/2014disposed

Kanchan Mala v. The State Of Bihar And ORS

2015-01-07Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4479 of 2014 ======================================================

1. Kanchan Mala wife of Nityanand Prasad, resident of Shanti Bhawan, Karma Road, P.S.- Aurangabad, District- Aurangabad .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The State Of Bihar

3. The District Magistrate, Aurangabad

4. The District Magistrate, Aurangabad

5. The Deputy Development Commissioner, Aurangabad

6. The Deputy Development Commissioner, Aurangabad

7. District Programme Officer (Establishment), Aurangabad

8. District Programme Officer (Establishment), Aurangabad

9. The Head Miss, Government Middle School, P.H.E.D. Colony, Aurangabad

10. The Head Miss, Government Middle School, P.H.E.D. Colony, Aurangabad .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vandana Kishore For the Respondent/s : Dr. Geeta Kumari, GP 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 07-01-2015 The District Programme Officer (Establishment), Aurangabad, is directed to initiate an enquiry against the petitioner for the period of her absence, which is said to be 20th March, 2008 to 30th March, 2012. If adequate evidence and material is produced in course of enquiry with regard to petitioner not being in default relating to the period of work or her absence and is not attributable to her, she will be surely entitled to payment of salary for the aforesaid period.

From the material emerging from Anneuxre-12 it is difficult for this Court to adjudicate in her favour that it was a case where

Patna High Court CWJC No.4479 of 2014 (7) dt.07-01-2015 2 / 2 she is entitled to salary for the period as there are many a gaps with regard to the explanation which has been offered by the petitioner in relation to her absence.

The enquiry must be completed within a period of three months with due assistance of the petitioner in this regard. Final order will be passed thereafter irrespective of the impugned order contained in Annexure-12.

Writ application is disposed of with above direction. (Ajay Kumar Tripathi, J) R.K.Pathak/- U