Shambhu Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1833 of 2016 ====================================================== Om Prakash Bhagat Son of late Paras Bhagat Resident of VillageChuasiyan, P.o. Govindchak, P.s sonepur, District Saran at Present H/o Nihora Pd. Yadav, South Shivpuri Road, No. 1 Shashtrinagar, District Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Joint Secretary, (Management), Water Resource Department, Govt. of Bihar, Patna.

3. The Engineer-in-chief, (Madhya), Water Resource Department, Govt. of Bihar, Patna.

4. The Additional Secretary, (Vigilance), Water Resource Department, Govt. of Bihar, Patna.

5. The Under Secretary, (Vigilance), Water Resource Department ,Govt. of Bihar, Patna.

.... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.2252 of 2016 ====================================================== Hare Krishna Prasad Prabhakar, Son of Bihari Mahto, Resident of VillageKhadiyahi, P.O.+P.S.- Bibhutipur, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna.

3. The Joint Secretary, (Management), Water Resource Department, Govt. of Bihar, Patna.

4. The Engineer-in Chief, (Madhya), Water Resource Department, Govt. of Bihar, Patna.

5. The Additional Secretary, (Vigilance), Water Resource Department, Govt. of Bihar, Patna.

6. The Under Secretary, (Vigilance), Water Resource Department, Govt. of Bihar, Patna.

.... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.2746 of 2016 ====================================================== Shambhu Prasad Yadav, Son of Late Ashari Prasad Yadav, Resident of Village- Laguna, P.S.- Kahalgaon, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar

Patna High Court CWJC No.1833 of 2016 (2) dt.25-04-2016 2/3

2. The Principal Secretary, Water Resource Department, Govt. of Bihar, Patna.

3. The Joint Secretary, (Management), Water Resource Department, Govt. of Bihar, Patna.

4. The Enginner-in-Chief, (Madhya), Water Resource Department, Govt. of Bihar, Patna.

5. The Additional Secretary, (Vigilance), Water Resource Department, Govt. of Bihar, Patna.

6. The Under Secretary, (Vigilance), Water Resource Department, Govt. of Bihar, Patna.

.... .... Respondent/s ====================================================== Appearance :

(In CWJC No.1833 of 2016) For the Petitioner/s : Mr. Ujjwal Kumar Sinha For the Respondent/s : Mr. D.K. Prasad- Gp7 (In CWJC No.2252 of 2016) For the Petitioner/s : Mr. Ujjwal Kumar Sinha For the Respondent/s : Mr. R.B.N. Singh, AC to GP-9 In CWJC No.2746 of 2016) For the Petitioner/s : Mr. Ujjwal Kumar Sinha For the Respondent/s : Mr. Harish Kumar, GP-32 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 25-04-2016 C.W.J.C. No. 1833 of 2016, C.W.J.C. No. 2252 of 2016, & C.W.J.C. No. 2746 of 2016, are taken-up together for disposal as the factual aspects and the issues involved, are common to each other.

The petitioners were Junior Engineers at the relevant time in the Water Resources Department.

They were departmentally proceeded for committing illegalities in preparation of estimates for construction of Sewa Path of Patna Main Canal Division Bihta, Digha and Khagaul. The petitioners seek quashing of the departmental proceeding as well as the

Patna High Court CWJC No.1833 of 2016 (2) dt.25-04-2016 3/3 charge-sheet or in alternative, for a direction to the respondents, to conclude the same expeditiously.

A similar matter came for consideration before this Court in case of Syed Ali Abbas, in C.W.J.C. No. 835 of 2016 and other analogous cases, which was disposed of, on 21.01.2016. As the case of the petitioners are more or less similar, to the case of the petitioners in C.W.J.C. No. 835 of 2016 and other analogous cases, this writ application is disposed of with similar direction to the respondents to conclude the proceeding within a period of six months from the date of receipt of a copy of this order. In case the departmental proceeding is not concluded within the aforesaid period, for no fault of their, petitioners would be entitled to benefits accruing under the law, which would be subject to final result of the departmental proceeding. The writ applications are accordingly disposed of. (Samarendra Pratap Singh, J) kunal/- U