Rajeev Kumar v. South Bihar Power Distribution Co. Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12264 of 2016 =========================================================== Rajeev Kumar, aged about 35 years, S/o Sri Nand Kishore Prasad Singh, Electrical Executive Engineer (Operation & Maintenance), South Bihar Power Distribution Co. Ltd., Patna, Bihar.

.... .... Petitioner/s

Versus

1. South Bihar Power Distribution Co. Ltd. through its Managing Director, Patna, Bihar.

2. The Chairman -cum- Managing Director, Bihar State Power Holding Co. Ltd., Patna, Bihar.

3. The General Manager, (Human Resources/Administration), South Bihar Power Distribution Co. Ltd., Patna.

4. The Enquiry Officer cum General Manager, (Human Resources/ Administration), Bihar State Power Holding Co. Ltd., Patna.

5. Shri Ashok Kumar, Chief Engineer, STF, Bihar State Power Holding Co. Ltd., Patna.

6. Sri Sandeep Kumar R. Pudkalkatti, Managing Director, South Bihar Holding Co. Ltd., Patna, Bihar.

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

For the Petitioner/s : Mr. Rajendra Prasad Singh, Sr. Adv. Mr. Rajeev Kumar Singh, Ad.

For the Respondent/s : Mr. Ashok Kumar Karna, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 07-04-2017 Heard Mr. Rajendra Prasad Singh, learned senior counsel appearing for the petitioner and Mr. Ashok Kumar Karna, learned Assisting Counsel to Mr. Anand Kumar Ojha appearing for the respondents.

Although the petitioner has questioned the order of suspension dated 18.2.2016 impugned at Annexure-1 to the writ petition but it is stated at the Bar by Mr. Karna, learned counsel appearing for the respondents that the departmental proceeding has reached the stage of submission of the enquiry report on conclusion

Patna High Court CWJC No.12264 of 2016 dt.07-04-2017 of the enquiry and whereafter final order is required to be passed. Having heard learned counsel for the parties and considering the stage of the proceeding, this Court without expressing any opinion on merits of the case would direct the Disciplinary Authority who, according to Mr. Singh, is respondent no.3, the General Manager (Human Resources/Administration), South Bihar Power Distribution Co. Ltd., Patna or the authority concerned, in case the disciplinary authority is any other authority, to conclude the enquiry and pass final order thereon in accordance with law expeditiously and preferably within a period of six weeks from the date of receipt/production of a copy of this order.

In case the disciplinary proceeding in question is not concluded within the period stipulated for the reasons not attributable to the petitioner, then the Disciplinary Authority would be obliged to consider the prayer of the petitioner for revocation of his suspension and pass appropriate order in accordance with law within four weeks of the expiry of the stipulated period. The writ petition is disposed of accordingly.