Gorakh Singh v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13778 of 2017 ======================================================
1. Gorakh Singh, Son of Late Yogendra Singh, Resident of Village-Olipur, P.O.-Khawajapur, P.S.-Jadopur, District-Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar through Special Secretary General Administrative Department, Government of Bihar, Patna.
2. The District Magistrate, Gopalganj.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Subhash Patel, Advocate For the Respondent/s : Mr. P.K. Verma- AAG-3 Ms. Divya Verma AC to AAG - 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.
In the present case, the petitioner is challenging the order of suspension as he has been put under suspension on account of making allegation to have consumed wine which was identified by breath analyzer.
The petitioner has been proceeded departmentally as it has been informed by the State that the Inquiry Officer has submitted its report whereafter second show cause has been given which has been replied by petitioner and final decision is to be taken by the competent authority.
At this stage this Court is not dealing with the allegation
Patna High Court CWJC No.13778 of 2017 (5) dt.11-07-2018 2 /2 made against the petitioner as he has denied that he had consumed any liquor rather the authority forcefully picked him up and declared that he had consumed liquor and on that account he was departmentally proceeded as well as a criminal case has been lodged in which the petitioner has been enlarged on bail. It has been informed by the State that the inquiry is likely to be concluded very soon.
In such view of the matter, the authority concerned is directed to take a final decision in the matter within a period of four weeks from the date of receipt/production of a copy of this order. In failure to arrive to a final conclusion, the order of suspension will be treated to have been vacated. Accordingly this writ petition is disposed of. (Shivaji Pandey, J) Vinay/- U