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Patna High CourtL.P.A/668/2021disposed

Sanjay Kumar Suman v. The State Of Bihar

2023-01-20Mr. Justice P. B. Bajanthri,Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.668 of 2021 In Civil Writ Jurisdiction Case No.2975 of 2021 ====================================================== Sanjay Kumar Suman Son of Late Suresh Prasad Yadav, resident of Katoria Kothi, Road No. - 15E, Near Nala, Rajeev Nagar, P.S.- Rajeev Nagar, District - Patna. .. ... Appellant/s

Versus

1.

The State of Bihar through Principal Secretary, Water Resources Department, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Water Resources Department, Bihar, Patna. 3.

The Joint Secretary, Water Resources Department, Government of Bihar, Patnacum-Enquiry Officer. 4.

The Additional Secretary, Water Resources Department, Bihar, Patna. 5.

The District Magistrate, Darbhanga.

6.

The Engineer-in-chief, Water Resources Department, (Headquarter), Government of Bihar, Patna.

7.

The Chief Engineer, Flood Control and Drainage, Water Resources Department, Samastipur.

8.

The Superintending Engineer, Flood Control Circle, Darbhanga. 9.

The Executive Engineer, Flood Control Circle, Darbhanga. 10.

The Executive Engineer, Food Control Planning and Monitoring Division, 18, Water Resources Department, Patna -cum-Presenting Officer. 11.

The Executive Engineer, Flood Control Division- 2, Jhanjharpur, District - Madhubani. 12.

The Secretary, Bihar Public Service Commission, Bihar, Patna. ... ... Respondent/s ===================================================== Appearance :

For the Appellant/s :

Mr. Siyaram Shahi Advocate For the Respondent/s :

Mr.Anjani Kumar (Aag4) Mr. Sanjay Pandey Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 20-01-2023

Patna High Court L.P.A No.668 of 2021 dt.20-01-2023 2/3 This matter is heard via video conferencing.

Re: I.A. No. 1 of 2021.

Heard I.A. No. 1 of 2021 for condonation of delay in filing L.P.A.

For the reasons stated in the application and affidavit, delay of about 123 days in filing L.P.A. is condoned. I.A. stands allowed.

In the instant appeal, appellant has assailed the order of the learned Single Judge dated 01.07.2021 passed in C.W.J.C. No. 2975 of 2021. The appellant has not made out a case so as to interfere with the order of the learned Single Judge. Learned counsel for the appellant submitted that despite four months time limit was granted to the disciplinary authority to complete the inquiry proceedings but the same has not been complied even to this day. Therefore, disciplinary authority is hereby directed to complete the inquiry within a period of three months from today, failing which, proposed inquiry would stand abated. In the meanwhile, the appellant is hereby directed to co-operate in the departmental inquiry. With the above observations, the present L.P.A. stands disposed of.

Copy of this order shall be provided to the State

Patna High Court L.P.A No.668 of 2021 dt.20-01-2023 3/3 counsel for further action in the matter.

(P. B. Bajanthri, J) (Arun Kumar Jha, J) Gaurav/Shoaib AFR/NAFR CAV DATE Uploading Date 25.01.2023 Transmission Date