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Patna High CourtCWJC/4908/2018allowed

Rajenrdra Kumar Mishra @ Rajendra Mishra v. The State Of Bihar And ORS

2018-07-11Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4908 of 2018 ====================================================== Rajenrdra Kumar Mishra @ Rajendra Mishra S/o Late Chandra Shekhar Mishra resident of Village - Jurabanpur Barari, P.S. - Jurabanpur Karari, District - Vaishali at Hajipur.

... ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

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

3. The Director (Administration-cum-Additional) Secretary, Education Department, Bihar, Patna.

4. The Director, Secondary Education, Bihar, Patna.

5. The District Education Officer, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. P.K. Shahi, Senior Advocate Mr. Ranjeet Choubey For the Respondent/s :

Smt.Binita Singh, S.C.-28 Mr. Apurv Harsh, A.C. to S.C.-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 11-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2.

In this case, the petitioner is challenging the order dated 19.02.2018, by which the petitioner has been put under suspension in contemplation of departmental inquiry. In ClauseV of the said order, it has been mentioned that "Prapatra-K" will be issued subsequently.

3.

As per the record of the case, it appears that the petitioner has been proceeded departmentally on account of

Patna High Court CWJC No.4908 of 2018 dt.11-07-2018 2/3 certain misconduct mentioned in the letter dated 19.02.2018, showing wrong act has been done by the petitioner, but in the said letter, it has been mentioned that the petitioner has been put under suspension in terms of Rule-9(1)(a) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005.

4.

In Rule-9(7) of the aforesaid Rules, 2005, it has been provided that its validity is for three months and before expiry of three months, the disciplinary authority, if so desire, may record the reason and can extend the period of suspension further, for four months and thereafter in failure to serve the charge-sheet, extension of suspension is prohibited and the order of suspension will be treated to have been cancelled. 5.

Admittedly, in the present case, the order of suspension has been passed on 19.02.2018. Three months time has come to an end on 17.05.2018. The disciplinary authority could have extend the period of suspension, recording the reason of non-service of charge-sheet. But, in the present case, neither the period of suspension with a specific order has been extended nor the charge-sheet has been served upon the petitioner. In such a situation, the order of suspension cannot be allowed to sustain.

Patna High Court CWJC No.4908 of 2018 dt.11-07-2018 3/3 6.

In such view of the matter, the order dated 19.02.2018 passed by the Director (Administration) -cumAdditional Secretary, Education Department, Bihar, Patna, is quashed. However, it will not come in the way of continuation of departmentally proceeding.

7.

With the aforesaid observations and directions, this writ petition is allowed to the aforesaid extent. (Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 13.07.2018 Transmission Date N/A.