Md. Rajik Husain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13780 of 2018 ====================================================== Md. Rajik Husain Son of Kitab Ali, Resident of Village-Mosidha (Bishunpur) P.O.Choraut, P.S. Pupri (Choraut O.P.), District-Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar Through the Principal Secretary, Home Deparmtnet, BIhar, Patna.

2. The District Magistrate, Sitamarhi,

3. The Superintendent of Police, Sitamarhi.

4. The Incharge Deputy Collector, General Administration Section, DistrictSitamarhi

5. The Circle Officer, Choraut, District-Sitamarhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Garg, Advocate Mr. Sanjiv Kumar Pathak, Advocate For the Respondent/s : Mr. Ruchi KumarJha, AC to SC 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, the petitioner is claiming the relief of salary for the period from 7.3.2011 to 30.7.2014 as during that period the petitioner remained under suspension and later on the order of suspension has been withdrawn without initiation of departmental proceeding nor any punishment was inflicted upon him.

The petitioner is directed to file a detailed

Patna High Court CWJC No.13780 of 2018 (2) dt.07-09-2018 representation before the District Magistrate, Sitamarhi and the District Magistrate will consider the case of the petitioner and take decision in accordance with law and if he is entitled for salary for the aforesaid period, he will be paid the same. All process should be completed within a period of four months from the date of receipt/production of a copy of this order.

With the aforesaid observations and directions this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/Sunny U