Kundan Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16841 of 2019 ====================================================== Kundan Kumar Sinha Son of Late Rajeshwar Prasad Sinha Resident of Raj Sheela Palace, Mushallapur Nahar Par, P.O.- Mahendru, P.S.- Kadamkuan, District- Patna, Pun- 800006.

... ... Petitioner/s

Versus

1.

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

2.

Bihar School Examination Board, Patna through its Secretary. 3.

Chairman, Bihar School Examination Board, Patna. 4.

Secretary, Bihar School Examination Board, Patna. 5.

Chief Vigilance Officer, Bihar School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinav Srivastava, Advocate For the Respondent/s :

Mr. Madanjeet Kumar (GP-20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-08-2019 The petitioner, who has worked as Section Officer in Bihar School Examination Board was put under suspension on 05.05.2017 and was subjected to a departmental proceeding. The Inquiry Officer submitted his report on 21.11.2017, which though was furnished to the petitioner and in terms of which he offered his explanation on 19.12.2017, but the proceeding has not travelled beyond that stage. Several months have passed by and the proceedings remain pending and

Patna High Court CWJC No.16841 of 2019(2) dt.30-08-2019 2/3 hanging fire.

There is no explanation for such delay in conclusion of the departmental proceeding. According to the petitioner, even the graded enhancement of subsistence allowance has not been provided for by the respondents.

The learned counsel appearing for the Bihar School Examination Board does not have any explanation for such delay and therefore with usual candor has submitted that a direction be issued by this Court to conclude the proceedings as early as possible, preferably within a period of six weeks which would serve the interest of the petitioner.

The aforesaid submissions on behalf of the Board appears to be logical and genuine.

Let the proceedings be concluded within a period of six weeks positively.

In the meanwhile, if the petitioner files an application for enhancement of the subsistence

Patna High Court CWJC No.16841 of 2019(2) dt.30-08-2019 3/3 allowance to which he is entitled, necessary order shall be passed, providing such enhancement to the petitioner.

With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U