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Patna High CourtCWJC/22074/2018disposed

Md. Nizam @ Md. Nizam Ansari v. The State Of Bihar And ORS

2020-11-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22074 of 2018 ====================================================== Md. Nizam @ Md. Nizam Ansari S/o Late Kamal Miya, R/o Raja Bazar, Madarsa gali, P.S.-Shastri Nagar, District Patna. Presently Sub-Divisional Clerk (Correspondence Clerk), Public Health Mechanical Sub-Division, Patna Headquarter during the period of suspension fixed in the office of Executive Engineer, Public Health Mechanical Division, Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Public Health Engineering Department, Government of Bihar, Vishwesharaiya Bhawan, Patna The Chief Engineer, Mechanical, Public Health Engineering Department, Government of Bihar, Vishwesharaiya Bhawan, Patna 3.

4.

The Superintendent Engineer, Public Health Engineering, Mechanical Circle, Patna.

5.

The Executive Engineer, Public Health, Mechanical Division, Patna. 6.

Assistant Engineer, Public Health Mechanical Sub-Division, Patna West, Patna.

7.

Executive Engineer, Public Health Mechanical Division, Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.S. Raza Ahmad, AAG-5 Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-11-2020 Today also, there is no representation on behalf of the petitioner.

The petitioner has put to challenge an order dated 25.05.2017, whereby he was put under suspension in exercise of power under Rule 9(1)(a), 9(1)(c) & 9(2)(a) of Bihar Government Servants (Classification, Control and Appeal) Rules, 2005.

Patna High Court CWJC No.22074 of 2018(5) dt.05-11-2020 2/2 It is informed by the learned counsel representing the State of Bihar, on oral instructions, that final decision has been taken in the departmental enquiry and the petitioner has been dismissed from service by the disciplinary authority. Considering the aforesaid stand taken on behalf of the State, this application is disposed of with an observation that the petitioner shall be at liberty to question the final decision of the disciplinary authority in the disciplinary proceeding in appropriate proceeding in accordance with law. (Chakradhari Sharan Singh, J) Rajesh/- U