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Patna High CourtCWJC/21202/2019disposed

Nand Kishore Upadhyay v. The State Of Bihar

2020-07-01Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21202 of 2019 ====================================================== Nand Kishore Upadhyay S/o Sukdeo Upadhyay R/o Ward No. 01, Amava, Turkaulia, P.S.- Turkaulia, District- East Champaran at Motihari, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

2.

The Principal Secretary, Public Health and Engineering Department, Government of Bihar, Patna.

3.

The Engineer-in- Chief-cum- Additional Secretary-cum- Special Secretary, Public Health and Engineering Department, Government of Bihar, Patna. 4.

The Chief Engineer, Public Health and Engineering Department, Government of Bihar, Muzaffarpur.

5.

The Superintending Engineer, Public Health and Engineering Circle, Motihari, District East Champaran at Motihari. 6.

The Executive Engineer, Public Health and Engineering Division Motihari, District East Champaran at Motihari.

7.

The Assistant Engineer, Public Health and Engineering Sub-Division, Raxaul, District East Champaran at Motihari.

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Respondent/s :

Mr.Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-07-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsel representing the petitioner and the State are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard the parties.

Patna High Court CWJC No.21202 of 2019(4) dt.01-07-2020 2/2 It is submitted by the counsel for the State that under communication dated 31.10.2019 (Annexure R/4 to the counter affidavit) the Enquiry Officer-cum-Assistant Engineer, Public Health Sub Division, Raxaul has informed the petitioner that 08.11.2019 is the next date in the enquiry. Thereafter, the same is pending, but is likely to be concluded within two months. The petitioner would be under a legal obligation to participate in the enquiry. However, it is submitted by the petitioner's counsel that the enquiry is required to be conducted expeditiously and keeping the same lingering for such a long time is undesirable as also prejudicial to the petitioner's interest. In view of the said submissions, nothing remains to be adjudicated in the instant writ proceedings.

The writ petition stands disposed off. The proceedings pending against the petitioner pursuant to suspension order dated 26.11.2018 shall be concluded within a period of six(06) months, failing which the petitioner would be entitled to due benefits in accordance with law.

(Madhuresh Prasad, J) shyambihari/- U