Vijay Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.307 of 2020 ====================================================== Vijay Shankar Prasad, Son of Sheo Balak Prasad, Resident of MohallaAnadmarg School Road, Atardah, P.O. and P.S. Anandmarg School DistrictMuzaffarpur, Bihar- 842002 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Road Construction Department, Government of Bihar, Patna.

2.

The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

3.

The Joint Secretary, Road Construction Department, Government of Bihar, Patna.

4.

The Engineer-In-Chief, Road Construction Department, Government of Bihar, Patna.

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

For the Petitioner :

Mr. Alok Ranjan, Advocate For the State :

Mr. Subodh Kumar, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-06-2023 1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

There is no dispute that the departmental proceedings notified under communication dated 13.11.2019 bearing no. 9837(S) has been converted into proceedings under the proviso to Rule 43(b) of the Bihar Pension Rules under departmental memo no. 237(S) dated 20.04.2022. The issues in the departmental proceeding are thus to be considered by the enquiry officer, in accordance with law, and, therefore, nothing survives in the instant writ application at the moment.

Patna High Court CWJC No.307 of 2020(5) dt.20-06-2023 2/2 3.

Writ application is accordingly disposed of with liberty to the petitioner to raise all the issues before the enquiry officer.

4.

It is expected that the proceedings will be conducted expeditiously, without any unnecessary adjournments or undue delay, subject to cooperation of the petitioner. (Madhuresh Prasad, J) shashank/- U