Patna High CourtCWJC/8740/2018disposed

Santlal Chaudhary v. The State Of Bihar And ORS

2018-08-10Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8740 of 2018 ====================================================== Santlal Chaudhary, S/o Late Ramswaroop Chaudhary, Resident of VillageRashulpur, Police Station- Mahua, District- Vaishali (Hazipur). ... ... Petitioner/s

Versus

1. The State of Bihar represented through the Chief Secretary, Govt. of Bihar, Patna.

2. The Commissioner-cum-Secretary, Department of Labour and Employment, Bihar, Patna.

3. Joint Labour Commissioner-cum-Conducting Officer, Department of Labour and Employment, Bihar, Patna.

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

For the Petitioner/s :

Mr. Krishna Chandra, Adv.

For the Respondent/s :

Mr. Anuj Kumar, AC to GP24 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 10-08-2018 Heard learned counsel for the petitioner and counsel for the State.

In this case, I.A. No. 5008 of 2018 has been filed attaching the order dated 15.3.2018 passed in M.J.C. No. 880 of 2016 wherein a direction has been given to the Disciplinary Authority to conclude the enquiry and take a final decision in the matter within a period of four months from the date of receipt of a certified copy of this order. Needless to emphasis that the petitioner shall be granted liberty to raise all objections as are permissible in law before the enquiry officer or the disciplinary authority, as the case may be, and they are expected to deal with the objections in accordance with law.

Patna High Court CWJC No.8740 of 2018 dt.10-08-2018 2/2 In the present case, this court has passed the order dated 11.5.2018 by which status-quo order has been passed. As it appears that the order dated 15.3.2018 passed in M.J.C. No. 880 of 2016 was not brought to the notice of this Court, as the same is in conflict with the order of the Division Bench, in that view of the matter, the order of status-quo is withdrawn. Let the enquiry proceeding should be concluded as per the order passed by this Court. If any objection is filed, the Enquiry Officer or the Disciplinary Authority will look into the matter and will dispose of the same at the final stage. This writ application is, accordingly, disposed of. (Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.08.2018 Transmission Date NA