Santosh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.819 of 2024 ====================================================== Santosh Kumar Jha son of Late Rajendra Jha, resident of Village and P.O.- Sukhpur, P.S. Supaul, District Supaul, at present Suspended Revenue Karmchari, Nagar Panchayat, Bangaon, Block-Kahara, District-Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Collector cum District Magistrate, Saharsa. 3.

The Additional Collector, Revenue, Saharsa.

4.

The Sub Divisional Officer, Sadar, Saharsa.

5.

The Deputy Collector, Land Reforms, Sadar, Saharsa. 6.

The Circle Officer, Kahara, District-Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Respondent/s :

Addl. Advocate General (12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2024 The present writ petition has been filed seeking the following reliefs:- "1(i) A certiorari setting aside the order passed by the Respondents Collectorcum-District Magistrate, Saharsa containing in Memo No.948 dated 12.08.2023, whereby and whereunder the petitioner has wrongly and illegally been put under suspension with immediate effect soon after acceptance of his joining upon revocation of earlier suspension on 14.01.2023 w.e.f. 04.01.2023 in view of his arrest in Special Vigilance Case No.01/2023,

Patna High Court CWJC No.819 of 2024(2) dt.15-02-2024 2/3 but despite grant of bail by this Hon'ble Court and revocation of his earlier suspension without any show cause or initiation of any departmental proceeding, petitioner has again been put under suspension, which cannot sustain in the eye of law.

ii) A mandamus, commanding and directing the Respondents concerned to allow the petitioner to join his post after revoking his suspension and discharge his duties regularly and sincerely with all its consequential monetary benefits alongwith arrears of differences of Saharsa for the period of his suspension."

2.

At the outset, the learned counsel for the parties are in agreement that the present writ petition be disposed off with a direction to the disciplinary authority to dispose off the disciplinary proceedings in question, within a period of six months from today, failing which the order of suspension of the petitioner shall stand revoked automatically and during the interregnum period, the petitioner shall be paid subsistence allowance, in accordance with law. It is directed, accordingly.

Patna High Court CWJC No.819 of 2024(2) dt.15-02-2024 3/3 3.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U