Nagmani Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21062 of 2019 ====================================================== Nagmani Tiwari S/o Late Shiv Kumar Tiwari, resident of Village- Sakhwa Ghat, P.S. Mallahi, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Rural Work Department, Government of Bihar, Patna.

3.

The Chief Engineer, Rural Work Department, Government of Bihar, Patna. 4.

The Superintending Engineer, Rural Work Department, Work Division, Siwan.

5.

The Assistant Engineer, Rural Work Department, Work Division, Chhapra1. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishore Prasad For the Respondent/s :

Mr.Kumar Alok (Sc7) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-11-2019 Heard both sides.

The petitioner filed this writ petition to set aside the order dated 13.03.2019 passed by the Chief Engineer by which the petitioner was suspended from the post of Treasury Keeper in Rural Works Department, Work Division, Gopalganj and to stay the departmental proceeding initiated against the petitioner on the ground that the petitioner was found inebriated condition.

Learned counsel for the petitioner submits that no departmental proceeding can be initiated on the same charge on which a criminal case is lodged. A departmental proceeding has already been initiated against the petitioner. The petitioner is at liberty to file his show-cause before the Enquiry Officer. Having considered the facts aforesaid, I do not find

Patna High Court CWJC No.21062 of 2019(2) dt.29-11-2019 2/2 any merit in this writ petition. Accordingly, the same is dismissed.

(Prabhat Kumar Jha, J) Harish/- U