Kanhaiya Kumar Dubey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.728 of 2018 ====================================================== Kanhaiya Kumar Dubey, S/o Late Baijnath Dubey, resident of VillageDubauli, P.S.- Simri, District- Buxar, presently posted as Constable in Muzaffarpur Police at Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Director, General of Police, Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Senior Superintendent of Police, Muzaffarpur at Muzaffarpur.

4. The Sargent Major, Police Lines, Muzaffarpur at Muzaffarpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Choubey For the Respondent/s : Mr. Sheo Shankar Prasad -SC 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2018 Heard the learned counsel for the petitioner. The petitioner seeks to challenge the departmental proceeding initiated by Memo No. 3619 dated 19.11.2016 as also seeks issuance of a direction for payment of his current salary as well as entire arrears of salary.

The learned counsel for the respondents submits that the petitioner is not co-operating in on-going departmental proceeding, though his suspension was revoked but on account of his such non-operation in on-going departmental proceeding, his salary has been stopped.

The learned counsel for the petitioner submits that he would be co-operating in on-going departmental proceeding,

Patna High Court CWJC No.728 of 2018 (2) dt.15-01-2018 2/2 hence, he may be given his salary for which he is entitled. In view of the aforesaid, it is directed that the departmental proceeding initiated against the petitioner herein be concluded within three weeks from today. In the meantime, if the petitioner starts co-operating in the departmental proceeding, then he should be paid his current salary. The arrears of salary be paid after conclusion of the departmental proceeding. The writ petition is disposed of in the aforesaid terms.

(Mohit Kumar Shah, J) BTiwary/- U