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Patna High CourtCWJC/1953/2017disposed

Sanjan Kumar v. The State Of Bihar And ORS

2017-09-12Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1953 of 2017 ====================================================== Sanjan Kumar, son of Kavindra Kumar, resident of Village- Sanda, Police Station- Tekari and District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Arwal. 2.

Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Arwal.

3.

District Education Officer, Arwal.

4.

District Programme Officer (Establishment), Arwal. 5.

District Programme Officer, Arwal.

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

For the Petitioner/s :

Mr. Utsav Kumar, Adv.

For the Zila Parishad :

Mr. Nikesh Kumar, Adv.

Mr. Amit Pandey, Adv.

For the State :

Mr. Madhaw Pd. Yadav, GP-23 Mrs. Meera Singh, AC to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 12-09-2017 The petitioner is aggrieved by an order, dated 08.12.2016, issued under the signature of the Deputy Development

Patna High Court CWJC No.1953 of 2017 dt.12-09-2017 2/3 Commissioner-Cum-Chief Executive Officer, Zila Parishad, Arwal, whereby, he had been put under suspension.

2. A counter affidavit has been filed on behalf of the Zila Parishad, Arwal, stating therein that the said order of suspension has been revoked.

3. It appears that a departmental proceeding has already been initiated against the petitioner.

4. This writ application has become infructuous for all practical purposes.

5. Learned counsel for the petitioner has submitted, referring to the order, dated 02.03.2017, whereby, the order of suspension has been revoked, that the disciplinary authority has already made up his mind for imposing punishment.

6. I do not find any strong basis for such submission, as the said order just indicates that the decision shall be taken on the point of punishment only after conclusion of the departmental enquiry.

7. A counter affidavit has also been filed on behalf of the State of Bihar in course of the day. Let that be kept on record.

8. This application is, accordingly, dismissed.

Patna High Court CWJC No.1953 of 2017 dt.12-09-2017 3/3

9. Let the departmental enquiry, initiated against the petitioner, be concluded within a period of three (3) months from the date of receipt/production of a copy of this order. (Chakradhari Sharan Singh, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 14.09.2017 Transmission Date N/A