Patna High CourtCWJC/18046/2015disposed

Md. Tayeb Alam Shahidi v. The State Of Bihar And ORS

2016-09-30Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18046 of 2015 ===========================================================

1. Md. Tayeb Alam Shahidi Son of Late S.K. Saidur Rahman, Resident of Village - Quasar Pokhar, Police Station - Azam Nagar, District - katihar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Araria.

3. The Director, Planning and Development Department, Patna.

4. The Dy Secretary, Revenue and Land Reforms Department, Bihar, Patna.

5. The S.D.O. Araria.

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

For the Petitioner/s : Mr. Md. Mushtaque Alam, Adv. For the Respondent/s : Mr. Vikash Kumar, A.C. to A.G =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 30-09-2016 Mr. Ajay Kumar learned counsel for the petitioner and Mr. Vikash Kumar A.C. to Advocate General are present. The petitioner is aggrieved by his order of suspension and for which this is second round litigation pressed into service. However, parties are in agreement that the disciplinary proceeding is awaiting passing of a final order. According to the petitioner even the reply of the petitioner to the second show cause was filed in March 2016 and whereafter only a final order is required to be passed by the disciplinary authority, which has not been passed. Having heard learned counsel for the parties and in consideration of the admitted fact that the entire procedural

Patna High Court CWJC No.18046 of 2015 dt.30-09-2016 2/2 requirements stands concluded in the disciplinary proceeding and that the matter is pending before the respondent No.3 the disciplinary authority for passing final orders since March 2016, I deem it fit and proper to direct the disciplinary authority to pass final order within four weeks from today failing which the order of suspension dated 27.3.2015 impugned in the writ petition would stand revoked. The writ petition is disposed of.

(Jyoti Saran, J) Bibhash/- U