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Patna High CourtCWJC/13825/2019disposed

Akhileshwar Prasad Srivastava v. The State Of Bihar

2019-07-11Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13825 of 2019 ====================================================== Akhileshwar Prasad Srivastava, S/o- Krishana Chandra Prasad R/o- Khora Parsa, Ward No. 15, P.S.- Bagha, District- West Champaran (Bettiah). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Agriculture Department, Bihar, Patna.

2.

The Director Agriculture, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar For the Respondent/s :

Mr. Chitranjan Sinha (PAAG2) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-07-2019 Heard the learned counsel for the petitioner and the State.

The petitioner was suspended and a departmental proceeding was initiated against him on the charge of his being made accused in a trap/vigilance case. The departmental enquiry ended in favour of the petitioner who has been exonerated of all charges. The order of the disciplinary authority indicates that during the suspension period, what would be paid to the petitioner would be dependent on the result of the criminal prosecution against him.

The petitioner has since been acquitted in the

Patna High Court CWJC No.13825 of 2019(2) dt.11-07-2019 2/2 criminal case also.

Thereafter, no decision has been taken even on the representation of the petitioner before the Director, Agriculture regarding payment of salary to the petitioner for the period of his suspension.

The petitioner, under the aforesaid circumstances, is directed to make a fresh representation before the Director, Agriculture, Bihar, Patna (Respondent No. 2) within a period of two weeks, annexing a copy of the order passed in the departmental proceeding, copy of the judgement of the trial court and a copy of this order, who, on receipt of the same, shall pass a reasoned order in accordance with law within a further period of six weeks thereafter. With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U