Birendra Narayan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5561 of 2018 ====================================================== Birendra Narayan, Son of Late Sundar Lal Yadav, Resident of Anand Vihar Colony, Khairuganj Road, Rambagh, Purnea, P.S.- Purnea Sadar, District- Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

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

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

For the Petitioner/s : Mr. Prabhu Nath Pathak, Advocate For the Respondent/s : Mr. S.C. Mishra -SC16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, the petitioner is challenging the order of suspension having been stated that after completion of inquiry the Inquiry Officer has submitted the inquiry report in which he did not find any charge proved against the petitioner. But even after two years the competent Authority has not taken any decision in the matter and petitioner is hanging in balance. Neither they are vacating the order of suspension nor finalizing the departmental proceeding.

This Court is not giving any opinion on the merit of the case but when Inquiry Officer has submitted the inquiry report it is

Patna High Court CWJC No.5561 of 2018 (5) dt.14-09-2018 2 /2 expected from the competent Authority to dispose of the matter as early as possible.

In such view of the matter, this Court directs the competent Authority to complete the process of departmental proceeding within a period of eight weeks from the date of receipt/production of a copy of this order. In failure the petitioner will be at liberty to approach this Court.

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

(Shivaji Pandey, J) Vinay/Sunny U