Anil Kumar Shrivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3001 of 2017 IN Civil Writ Jurisdiction Case No. 650 of 2015 =========================================================== Anil Kumar Shrivastava, Son of Nirsu Narayan Shrivastava, Resident of Village Bande, P.S. - Amnour, District - Saran at Chhapra at present working as District Programme Officer Munger, P.O. + P.S. + District - Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri R.K. Mahajan, the Principal Secretary, Education Department, Government of Bihar, Patna.

3. Sri Sushil Kumar, the Director (Administration)-Cum-Additional Secretary, Education Department, Government of Bihar, New Secretariat, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bipin Bihari Singh, Adv. For the Respondent/s : Mr. Priyadarshi Matri Sharan, AC to AAG 15 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 08-08-2018 Vide order passed on the writ petition the Disciplinary Authority was directed to conclude the disciplinary proceedings within three months of receipt/production of a copy of the order. On failure to comply with the direction that this contempt application is filed.

This matter was taken up on 25.07.2018 and two weeks' time was granted to the Disciplinary Authority to discharge the obligation. Today when the matter is taken up, Mr. Priyadarshi Matri Sharan, learned Assisting Counsel to Additional Advocate General No. 15 while filing a show cause, invites the attention of this Court to the order of the State as the Disciplinary Authority passed in exercise

Patna High Court MJC No.3001 of 2017 dt.08-08-2018 of powers vested under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 bearing memo no.610 dated 07.08.2018 enclosed at Annexure 'A' to the show cause. In reference thereto Mr. Sharan submits that the order of this Court has been complied as the departmental proceeding stands concluded with the order of penalty.

Having noted the circumstances and accepting the show cause, the contempt application is disposed of with liberty to the petitioner, if so advised, to question the order of penalty placed at Annexure 'A' to the show cause by filing an appropriate application before the appropriate forum.

(Jyoti Saran, J) SKPathak/Anjula AFR/NAFR NAFR CAV DATE NA Uploading Date 13-08-2018 Transmission Date NA