Ram Narayan Saw v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16600 of 2015 =========================================================== Ram Narayan Saw, Son of Late Keshwar Saw, Residen tof Village- Dilawar Pur, Police Station- Bihta, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

2. The Director, Primary Education, Government of Bihar, Patna.

3. The District Education Officer, Patna.

4. Dr. Mahesh Prasad Singh, District Programme Officer (Establishment), Patna.

5. Enquiry Officer -cum-Block Education Officer, Fatuha, Patna.

6. Smt. Kabita Kumari, Block Education Officer, Maner, Patna.

7. Drawing Disbursing Officer -cum- Head Master, Middle School, Sherpur, Maner, Patna.

8. Treasury Officer, Danapur Treasury, Patna.

9. Accountant General (A & E), Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar, Advocate Mr. Nand Kumar Singh, Advocate For the Respondent/s : Mr. Sanghmitra Ganesh, AC to GP-15 For the Accountant General : Mr. D. Choubey, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 17-09-2016 In this case although the petitioner has prayed for quashing of the suspension order dated 16.5.2015 together with the charge-sheet dated 15.5.2015 and supplementary charge-sheet dated 17.6.2015 impugned at Annexure-1 series but paragraph 7 of the counter affidavit reflected that the petitioner has superannuated on 31.5.2015 and his suspension has been revoked vide order bearing Memo No.4872 dated 17.6.2015. Paragraph 11 of the counter affidavit has further mentioned that the amount of Group Insurance, G.P.F., earned leave has been paid to the petitioner and in so far as

Patna High Court CWJC No.16600 of 2015 dt.17-09-2016 the payment of pension, its commutation and payment of gratuity is concerned, a 'No Dues Certificate' has already been issued vide letter No.7615 dated 19.9.2015, a copy of which is placed at Annexure 'D' to the counter affidavit. A supplementary counter affidavit has also been filed enclosing a letter bearing Memo No.1833 dated 29.2.2016 whereby the charges having not been proved against the petitioner, he has been exonerated from the disciplinary proceedings.

The circumstances so discussed above confirms that the grievance raised in the writ petition has already been redressed. Since the petitioner has already been exonerated from the disciplinary proceeding, in case any retiral benefits or in-service benefit has remained pending, the petitioner would be at liberty to represent before the authority concerned and who shall consider and dispose of the same in accordance with law preferably within a period of six weeks from the date of filing of such representation The writ petition is according disposed of (Jyoti Saran, J) SKPathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24-09-2016 Transmission Date NA