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Patna High CourtCWJC/17725/2019disposed

Sanjay Paswan v. The State Of Bihar

2019-10-23Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17725 of 2019 ====================================================== Sanjay Paswan, Son of Sarva Nand Paswan Resident of Village-Karay, P.S.- Masaurhi, District-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Home (Police) Department, Government of Bihar, Patna.

2.

The Addl. Commissioner Excise, Patna 3.

The District Magistrate, Patna 4.

The Senior Addl. Collector, General Branch, Patna 5.

Addl. Collector, Special Programme cum-Conducting Officer, Patna 6.

The Superintendent of Police, Patna 7.

The Superintendent (Excise), Patna 8.

The Incharge Officer, General Branch, Patna 9.

The Sub-Divisional Police Officer, Masaurhi, District-Patna 10.

The Sub-Divisional Officer, Masaurhi, District-Patna 11.

The Circle Officer, Masaurhi, District-Patna 12.

The Nodal Officer, Prohibition and Excise, Cell, Patna 13.

The Inspector, Excise, Masaurhi, District-Patna 14.

Sub-Inspector Excise, Masaurhi Circle, District-Patna 15.

The S.H.O. Masaurhi Police Station, Masaurhi, District-Patna 16.

The A.S.I. Masaurhi Police Station, Masaurhi, District-Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Ranjan, Advocate Mr. Anuj Kumar, Advocate For the State :

Dr. Mankeshwar Tiwari, A.C. to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 23-10-2019 Heard learned counsel for the parties.

2. The petitioner is a Chowkidar under Circle Officer, Masaurhi in Patna district. On the charge of dereliction of duty, he was put under suspension by an order dated 01.09.2017 passed by

Patna High Court CWJC No.17725 of 2019 dt.23-10-2019 2/2 the District Magistrate, Patna. A departmental proceeding was initiated against him with the issuance of a charge sheet on 03.10.2017.

3. It is the petitioner's case that the Inquiry Officer has submitted his report and recorded his finding that the charge framed against the petitioner could not be proved. The said report was submitted on 08.02.2018. It is the petitioner's case that neither any action has been taken on the report of the Inquiry Officer so far, nor the decision to keep the petitioner under suspension has been reviewed by the competent authority.

4. Considering the facts and circumstances, this writ application is disposed of with a direction that let the disciplinary authority take a final decision on the report of the Inquiry Officer within two months from the date of receipt/production of a copy of this order, failing which, the order of suspension shall stand revoked.

(Chakradhari Sharan Singh, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 24/10/2019 Transmission Date N.A.