Shakeel Ahmad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3617 of 2015 =========================================================== Shakeel Ahmad son of Mukhtar Ahmad Siddique, Head Master, Gauri Shankar Government Middle School, Motihari Town, District - East Champaran, Permanently resident of Mohalla - Nakched Tola, Ward No. 04, Motihari Town, District - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna

2. The District Education Officer, East Champaran, Motihari

3. The District Programme Officer (Establishment), East Champaran, Motihari

4. The District Incharge officer, Midday Meal Sheme, Motihari, East Champaran

5. The Block Education Officer - Cum - Enquiry, Kalyanpur, East Champaran

6. The Block Education Officer, Motihari Town, East Champaran .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Y V Giri, Sr. Advocate Mr. Khatim Reza For the Respondent/s : Mr. Ajit Kumar, AC to GP19 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 24-04-2015 A fair submission has been made by the learned senior counsel representing the petitioner that Annexure-1 should be kept in abeyance till the enquiry being held against the petitioner comes to an end.

2. The merit of the order, contained in Annexure-1, is not gone into in view of the submission made above.

3. Let the respondent authorities conclude the departmental proceeding against the petitioner within a reasonable time-frame, preferably, within a period of three months. Subject to the outcome and decision of the disciplinary authority, appropriate directions can be given with regard to the nature of obligation created against the petitioner, which may include Annexure-1

Patna High Court CWJC No.3617 of 2015 dt.24-04-2015 2 / 2 as well. Till such a decision is reached, Annexure-1 will remain in abeyance.

4. If any adverse order is passed against the petitioner, surely he has a remedy under law.

5. Writ application is disposed of with above direction and observation.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U