Anil Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12660 of 2022 ====================================================== Anil Kumar Mishra Son of Ram Ghanshyam Mishra, Resident of VillageMishrauli, Panchayat Rampura, P.O.- Kansi Simri, P.S.- Singhwara, DistrictDarbhanga, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

3.

The Secretary, Rural Development Department, Govt. of Bihar, Patna. 4.

The Deputy Secretary, Rural Development Department, Govt. of Bihar, Patna.

5.

The District Magistrate, Darbhanga.

6.

Shashi Prakash Son of Sri Pritam Rai, Resident of Haripur Colony, Digha Ghat, P.S.- Digha, District- Patna, presently posted as Block Development Officer, Singhwara, District- Darbhanga.

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

For the Petitioner/s :

Mr.Ashish Giri, Advocate :

Mr. Sunit Kr. Jha, Advocate :

Ms. Riya Giri, Advocate For the Respondent/s :

Mr.Anjani Kumar ( AAG 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2023 The present petition has been filed seeking the following reliefs :- " (i) To issue a writ/order/ direction in the nature of mandamus for a direction to the Respondents to conclude the Departmental Proceeding within a fixed time frame which is pending against the Respondent No. 6 in

Patna High Court CWJC No.12660 of 2022(3) dt.21-06-2023 2/3 pursuance to the Resolution No. 805545 dated 09.03.2022 (Annexure-) issued under the signature of the Secretary, Rural Development Department. Government of Bihar, Patna.

(ii) To issue a writ/order/ direction in the nature of mandamus for a direction to the Respondents to strictly adhere to the Notification contained in Memo No. 2763 dated 26.02.2014 issued by the General Administration Department, wherein the G.A.D. categorically provided the time frame to proceed with the departmental proceeding against the delinquent and to conclude the same within 12 months."

The learned counsel for the respondent- State has filed a counter affidavit in the present case, today itself, which is taken on record, wherein it has been stated that one of the departmental proceeding has already stood concluded and the petitioner has been awarded major punishment i.e. demotion to the lowest scale for 05 years without any increment. As far as the second departmental proceeding is concerned, the same is on the verge of completion and would definitely be concluded within a period of 03 months from today. It is directed accordingly.

Patna High Court CWJC No.12660 of 2022(3) dt.21-06-2023 3/3 The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U