Bharat Bhushan v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 19097 of 2018 ====================================================== Bharat Bhushan Son of late Shyam Kishore Choudhary Resident of VillageP.O.- Rupauli,P.S.- Musrigharari, District- Samastipur. ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2.
The Principal Secretary, Department of Education, Government of Bihar, Patna.
3.
The Director, Secondary Education, Government of Bihar, Patna. 4.
The Regional Deputy Director, Munger Division, Munger. 5.
The District Magistrate, Begusarai.
6.
The District Education Officer, Begusarai.
7.
The District Program Officer, Begusarai.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
N O N E For the Respondent/s :
Mr Jai Prabhat Kishore, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 11-07-2022 Hard copy of counter affidavit on behalf of Respondents No 6 and 7 is being filed. The same is taken on record.
The petitioner filed the instant writ petition assailing the office order dated 07.07.2018 whereby he has been placed under suspension and charge memo on Prapatra Ka has been issued to him.
It is submitted by the learned counsel for the State that later on, the Regional Deputy Director, Munger Division had revoked the suspension order and closed the departmental
Patna High Court CWJC No.19097 of 2018(4) dt.11-07-2022 2/3 proceedings with warning. A direction was issued to the petitioner to join in Primary Teachers' Training College, Vishnupur, Begusarai. Specific averment in paragraphs 8 and 9 of the counter affidavit, filed on behalf of Respondents No 6 and 7, are to the following effect:
"7. That it is also pertinent to mention here that Respondent No 4 as Regional Deputy Director, Munger Division, Munger prima facie found the allegation levelled against the petitioner was vital and hence RDDE, Munger Division, Munger had rightly suspended and Form Ka had been constituted against the petitioner and departmental proceeding had also been initiated against the petitioner vide Memo No 828/Munger dated 07.07.2018.
8. That it is also needful to clarify here that later on the Regional Deputy Director, Munger Division, Munger had revoked the suspension order and closed the departmental proceeding against the petitioner with certain warning and direction as vide its Memo No 1314/Munger dated 20.09.2018 and further directed the petitioner to join in Primary Teachers' Training College, Vishnupur, Begusarai."
The submission is that the cause of action in the instant proceedings does not survive in view of subsequent events during pendency of the writ proceedings. Since, there is no representation on behalf of the petitioner, without making any observation on the merits of the said submission, this writ petition is dismissed for want of
Patna High Court CWJC No.19097 of 2018(4) dt.11-07-2022 3/3 prosecution.
(Madhuresh Prasad, J) M.E.H./- U