Rakesh Kumar Toofan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1910 of 2018 ====================================================== Rakesh Kumar Toofan, son of Ram Lal Prasad, resident of mohalla Ambersristal, P.O. + P.S. Biharsharif, district Nalanda .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary Education Department, Government of Bihar, Patna,

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

4. The Regional Deputy Director of Education, Patna

5. The District Magistrate, Nalanda

6. The District Education Officer, Nalanda

7. The District Programme Officer (Establishment), Nalanda

8. The Block Education Officer, Biharsharif, Nalanda .... Respondents ====================================================== Appearance :

For the Petitioner : M/S Nand Kishore Singh & Rama Kant Singh, Advs.

For the Respondents : Mr. Umesh Narayan Dubey, AC to GP XXVII ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-02-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is aggrieved by the order, contained in Memo No. 446, dated 29.11.2017, whereby the petitioner was put under suspension in contemplation of departmental proceeding. The learned counsel for the petitioner submits that for the same charges earlier the petitioner was put under suspension and this is the second time to suspend the petitioner for the same charges. He submits that he has already submitted his explanation to the allegation, contained in Annexure 1. The order of suspension is not cessation of master and servant relationship.

Patna High Court CWJC No.1910 of 2018 (2) dt.05-02-2018 2/2 The petitioner has only been put under suspension in contemplation of departmental proceeding.

Under the Bihar Government Servants (Classification and Control) Rules, 2005, the respondents are required to complete the departmental proceeding expeditiously. Since, the petitioner has been put under suspension in contemplation of departmental proceeding, it is expected that the respondents will expeditiously dispose of all the departmental proceedings preferably within a period of six months and if in the event the departmental proceeding is not concluded within time frame of six months, indicated here-in-above, the order of suspension, contained in Annexure 1, shall be treated as revoked on completion of six months, from the date of receipt/production of a copy of this order.

With the aforesaid observations, this application stands disposed of.

(Anil Kumar Upadhyay, J) SA/- U