Anil Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19585 of 2019 ====================================================== Anil Kumar Nirala S/o Nathun Prasad R/o Beldar Bigha, P.S.- Tankuppa, Dist- Gaya and he was previously working as an Assistant Teacher in Middle School Barchaita Tankuppa Gaya (Now Suspended). ... ... Petitioner/s

Versus

1.

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

2.

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

The District Education Officer, Gaya.

4.

The District Programme Officer (Establishment), Gaya. 5.

The Block Development Officer, Tankuppa, Gaya. 6.

The Block Education Officer, Tankuppa, Gaya.

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

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Respondent/s :

Ms. Binita Singh, S.C. 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner was put under suspension vide order contained in 'Annexure 1' in contemplation of disciplinary proceedings, the order of suspension is dated 28.10.2017. Approximately two years have passed but yet the enquiry has not been concluded.

Learned counsel for the petitioner would submit that that the enquiry officer has already submitted his report exonerating the petitioner. Yet, the respondents have not

Patna High Court CWJC No.19585 of 2019(2) dt.24-09-2019 2/2 concluded the disciplinary proceedings and the petitioner is still continuing on suspension.

Considering the fact that the petitioner has remained under suspension for one year eleven months, the Court directs the respondents to conclude the disciplinary proceeding within a period of 60 days from the date of receipt/production of a copy of this order failing which the order of suspension as well as the entire disciplinary proceedings shall be deemed to be revoked. With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) uma/- U