Patna High CourtCWJC/1052/2018disposed

Kant Lal Mandal v. The State Of Bihar And ORS

2018-02-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1052 of 2018 ====================================================== Kant Lal Mandal, son of late Rati Lal Mandal, resident of village Mauwahi, P.S. Marauna, district Supaul .... Petitioner

Versus

1. The State of Bihar through its Director, Secondary Education, Buddha Marg, Patna

2. The Director, Secondary Education, Buddha Marg, Patna

3. The Regional Education Deputy Director, Darbhanga Parmandal, Darbhanga

4. The District Education Officer, Madhubani .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Hira Jha, Adv. For the Respondents : Mr. Kameshwar Kumar, GP XVII with Mr. S.K. Ranjan, AC to GP XVII ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-02-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is aggrieved by the order of suspension, as contained in Memo No. 1048, dated 12th March, 2014 (Annexure 1).

From perusal of Annexure 2, it appears that the enquiry report in this case was submitted way-back, i.e., on 30th May, 2016, and the matter is pending at the level of disciplinary authority for taking final decision.

In view of the fact that the order of suspension was passed on 12th March, 2014, and the enquiry was concluded and enquiry report was submitted by the enquiry officer on 30th May,

Patna High Court CWJC No.1052 of 2018 (2) dt.05-02-2018 2/2 2016, the writ application is disposed of with a direction to respondent no. 2 to take final decision in the matter of departmental enquiry against the petitioner expeditiously within a period of two months from today, failing which not only the order of suspension of the petitioner, but, entire departmental proceeding shall be deemed to be closed in view of the fact that the petitioner has remained under suspension for more than three years.

(Anil Kumar Upadhyay, J) SA/- U