Patna High CourtCWJC/16667/2008disposed

Surendra Sharma v. The State Of Bihar And ORS

2015-03-20The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16667 of 2008 ====================================================== Surendra Sharma, son of Sri Janardan Sharma, resident of VillageApasarah, P.S.-Varshaliganj, District-Nawada, at present posted as Assistant Engineer, Rural Works Department, Division-II, Purnia. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Rural Works Department, Government of Bihar, Patna

2. The Additional Secretary, Rural Works Department, Government of Bihar, Patna

3. The Secretary to Commissioner, Purnia

4. The Sub Divisional Officer, Vanwanki, District- Purnia

5. The Executive Engineer, Rural Development Department (Rural Works Department), Special Division, Purnia

6. The Executive Officer, Nagar Panchayat Vanwanki, District- Purnia

7. The Junior Engineer, Rural Development Department (Rural Works Department) Special Division Nagar Panchayat Vanwanki, DistrictPurnia .... .... Respondents ====================================================== Appearance :

For the Petitioner : Ms. Prakritika Sharma, Advocate For the Respondents : Sri. R. S. Singh. AC to AAG 15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 20-03-2015 The petitioner was placed under suspension through order dated 5.8.2008. Challenging the same, and for certain other ancillary reliefs, the this writ petition is filed. It is brought to the notice of the Court that during the pendency of the writ petition, the order of suspension was revoked under order dated 30.11.2009. An I.A. was filed for certain reliefs.

Heard Smt.

Prakritika Sharma, learned counsel for the petitioner, and Shri R.S. Singh, learned A.P.P. for the State.

Patna High Court CWJC No.16667 of 2008 (2) dt.20-03-2015 2/2 Though the writ petition was filed in the year 2008, no interim orders, as sought, were passed. With the revocation of the suspension, the substantial grievance of the petitioner stands redressed. The manner in which the period of suspension must be treated is dependent upon the outcome of the disciplinary proceedings. In case the petitioner has been exonerated of the charges, he deserves to be paid the entire salary for the period of suspension. If, on the other hand, any arrangement was directed, the same needs to be taken into account.

The writ petition is disposed of, leaving it open to the petitioner to pursue the grievances, if any, based upon the outcome of the disciplinary proceedings. Interlocutory application, if any, stands disposed of.

There shall be no order as to costs.

(L. Narasimha Reddy,CJ) K.C.jha/- N.A.F.R.