Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23225 of 2019 ====================================================== Ajay Kumar, Male, aged about 43 years, Son of Late Yogendra Singh, Resident of Village Majirwa Khurd, P.O. Misir Batraha, P.S. Fulawaria, District Gopalganj.

... ... Petitioner

Versus

1.

The State of Bihar through the Director, Secondary Education, Govt. of Bihar, Budh Marg, Patna.

2.

The Director, Secondary Education, Govt. of Bihar, Budh Marg, Patna. 3.

The Regional Deputy Director of Education, Saran Division, Chapra. 4.

The District Education Officer, Gopalganj.

5.

The District Programme Officer (Establishment), Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Bipin Bihari Singh, Advocate Mr. Akhilesh Kumar Sinha, Advocate For the State :

Mr. Narendra Kumar, A.C. to G.P.20 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-12-2019 Heard both sides.

The petitioner filed this writ petition for a direction to the disciplinary authority, the Regional Deputy Director of Education, Saran Division, Chapra, to take final decision on the enquiry report dated 09.10.2019 of the Enquiry Officer. Learned counsel for the petitioner submits that the petitioner was put under suspension and a departmental proceeding was initiated against the petitioner. The petitioner came before this Court in CWJC No.13087 of 2019 against the order of suspension. This Court by order dated 02.07.2019 directed the Enquiry Officer to conclude the departmental

Patna High Court CWJC No.23225 of 2019(2) dt.16-12-2019 2/2 enquiry preferably within four months. It is further submitted that the Enquiry Officer has already submitted enquiry report on 09.10.2019 before the Regional Deputy Director of Education, Saran Division, Chapra but the disciplinary authority neither issued any show cause nor passed any order on the enquiry report and the petitioner is still under suspension. It is submitted that the Regional Deputy Director of Education, Saran Division, Chapra be directed to pass order in accordance with law on the enquiry report.

Having considered the submissions, I direct the Regional Deputy Director of Education, Saran Division, Chapra to pass order in accordance with law on the enquiry report submitted by the District Education Officer-cum-Enquiry Officer, Gopalganj within 11⁄2 months from the date of receipt of this order.

With the aforesaid direction, the writ petition is disposed of.

(Prabhat Kumar Jha, J) S.KUMAR/- U