Sikandar Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15900 of 2017 ====================================================== Sikandar Kumar Yadav Son of Late Girdhari Yadav Resident of Village - Chakla Maulanagar, P.S. Phalka, District Katihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director, Primary Education, Government of Bihar, Patna. 3.

The District Education Officer, Katihar.

4.

The District Programme Officer Establishment, Katihar. 5.

The District Programme Officer SSA Katihar.

6.

The Block Education Officer, Samali, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra Mr. Varun Kumar For the Respondent/s :

Mr.Nishant Kumar Jha, AC to -SC28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-05-2019 Matter has been listed today in the summer vacations as learned counsel for the petitioner was desirous for consideration of his case during vacation.

The slip for listing was filed pursuant to notice dated 08th May, 2019, published prior to the vacation.

The matter is, accordingly, taken up for consideration as both parties are present and willing to assist the court for disposal of the matter.

Heard counsel for the petitioner and counsel for the respondents-State.

Petitioner's due on account of retiral benefit is held up. He submits that he was subjected to an enquiry. Petitioner being incharge headmaster of Middle school, Chandpur,Sameli, Katihar was

Patna High Court CWJC No.15900 of 2017(3) dt.20-05-2019 2/2 subjected to an enquiry. Petitioner's disciplinary authority is respondent no.4.

It is submitted by the parties that since enquiry report has been communicated on 24.07.2014, respondent no.4 be directed to conclude the matter expeditiously so that the petitioner is made available due and admissible amount on account of arrears of salary/ subsistence allowance and retiral dues.

In view of agreement between the parties, that issue has to be concluded by respondent no.4 himself, no useful purpose would be served keeping writ petition pending.

Writ proceedings are, therefore, disposed off with direction to District Programme Officer{Establishment},Katihar (respondent no.4) to take final decision on the enquiry report communicated on 24.07.2014 expeditiously without undue delay in accordance with law within the period of three months from the date of receipt/production of a copy of this order. Petitioner would be obliged to extend full cooperation to facilitate conclusion of the issue.

(Madhuresh Prasad, J) s.hassan/- U