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Patna High CourtCWJC/15313/2023disposed

Manju Kumari v. The State Of Bihar

2024-04-02Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15313 of 2023 ====================================================== Manju Kumari Wife of Rabindra Kumar Singh, Resident of Village-Gosal Dih, P.S. - Suryapura, District - Rohtas at Sasaram, headquarter fixed at District Programme Office, I.C.D.S., Bhojpur at Ara. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary, Social Welfare Department, Patna.

2.

The Additional Chief Secretary, Social Welfare Department, Old Secretariat, Bailey Road Patna.

3.

The Joint Secretary, Social Welfare Department, Old Secretariat, Bailey Road Patna.

4.

The Director, I.C.D.S., Old Secretariat, Bailey Road, Patna. 5.

The District Programme Officer, I.C.D.S., Bhojpur at Ara. 6.

The Child Development Project Officer, Tarari, at Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhilesh Dutta Verma, Advocate For the Respondent/s :

Mr.Sunil Kumar Mandal ( Sc 3 ) Ms.Neelam Kumari, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this application is for issuance of the writ in the nature of certiorari for quashing the order dated 27.08.2021 vide memo no. 3566 (Annexure: P/1) directing the respondents to revoke the suspension of the petitioner and also in the nature of Mandamus directing the respondents for enhance the subsistence allowance of the petitioner after expiry

Patna High Court CWJC No.15313 of 2023(2) dt.02-04-2024 2/3 of one year i.e. 12.08.2022 @ 75% of her salary after expiry of one year of her suspension as per the provision contained in Rule-10 of Bihar Government Servant Classification Control and Appeal, Rule 2005 and for an appropriate direction/directions order/orders/ command/commands as may be deem fit and proper in the facts and circumstances of the case and also for any other relief/reliefs for which the petitioner may found entitled."

2. At the outset, the learned counsels for the parties are in agreement that the present writ petition can be disposed off with a direction to the disciplinary authority to conclude the departmental proceeding in question by passing the final order, within a period of six months from today, failing which the order of suspension dated 27.08.2021, shall stand revoked automatically. It is directed accordingly.

3. As far as the issue regarding enhancement of subsistence allowance is concerned, the petitioner is granted liberty to approach the Additional Chief Secretary, Social Welfare Department, Patna, by filing appropriate representation, within a period of two weeks from today, which shall be considered in accordance with law and disposed off by

Patna High Court CWJC No.15313 of 2023(2) dt.02-04-2024 3/3 a reasoned and a speaking order, within a period of six weeks, thereafter.

3. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U