Dr. Subhash Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4280 of 2013 In Civil Writ Jurisdiction Case No. 3666 of 2013 ====================================================== Dr. Subhash Kumar, son of Sri Kedar Nath Singh, resident of Mohalla Duradhi Pakari, Hanuman Nagar, P.S. Kankarbagh, District Patna-20 .... .... Petitioner

Versus

1. The State of Bihar

2. Sri Ashok Kumar Sinha, Chief Secretary, Bihar, New Secretariat, Bihar, Patna

3. Sri Santosh Kumar Malla, the Principal Secretary, Department of Animal and Fisheries Resources, Animal Husbandry, New Secretariat, Bihar, Patna .... .... Opp.Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sahvind Kumar Sharma For the Respondent/s : Mr. S.A. Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 15-01-2015 Heard learned counsel for the parties.

Having regard to the fact that this Court had directed the Principal Secretary of Animal Husbandry and Fisheries Department to take a final decision for grant of MACP to the petitioner within a period of four months from the date of receipt/ production of a copy of the order, this Court is not satisfied with the explanation that such consideration has not been completed on account of non-receipt of the vigilance report. If the petitioner has already been punished in the departmental proceeding by way of stoppage of five increments, his case ought to have been decided in terms of the ACP Rules of the Government.

Patna High Court MJC No.4280 of 2013 (2) dt.15-01-2015 Be that as it may, this Court would direct the Principal Secretary of the Animal Husbandry and Fisheries Department to ensure that a final decision as with regard to grant of MACP is taken within a period of two months from the date of receipt of this order.

With the aforementioned observation, this application is disposed of.

(Mihir Kumar Jha, J) surendra/- U