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Patna High CourtCWJC/1786/2020disposed

Pintu Kumar v. The State Of Bihar

2021-02-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1786 of 2020 ====================================================== Pintu Kumar S/o Ram Pravesh Chaudhary Resident of 218/328, Ward No. 04, Bazidpur, p.o.- Barh, P.s.- Barh, Distt.- Patna ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna 2.

The Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna 3.

The Special Secretary Department of Revenue and Land Reforms, Govt. of Bihar, Patna 4.

The District Magistrate cum Collector Nawada 5.

The Circle Officer Hisua ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Parth Gaurav, Advocate For the Respondents :

Mr.Rishi Raj Sinha ( SC19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2021 Heard learned counsel for the petitioner and the State. Petitioner has filed this writ petition for issuance of writ/order quashing the Letter No. N1.KO. Nawada-02-41/2019 dated 11.12.2019 issued under the signature of the Joint Secretary, Government of Bihar, Patna whereby the petitioner has been suspended in exercise of power under Rule 9(1) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005. During pendency of the writ petition, I.A. No. 1 of 2021 has been filed stating that after framing of memo of charge on 15.6.2019 and its service on 6.1.2020, no further communication has been made in the matter.

Patna High Court CWJC No. 1786 of 2020(6) dt.22-02-2021 2/2 Learned counsel for the petitioner submits that as the petitioner has already been suspended on 11.12.2019 and memo of charge has also been served on him on 6.1.2020, a direction may be issued to the respondents to conclude the departmental proceedings as early as possible. It is also submitted by the petitioner that the petitioner has not been paid up to date subsistence allowance of the suspension period. In view of the facts and circumstances of the case, writ petition is disposed of with a direction to the respondents to proceed with the departmental proceedings in accordance with law and to conclude the same within a period of six months from the date of receipt/production of a copy of this order. It is expected that the petitioner will co-operate with the respondents in the departmental proceedings, failing wich respondents are free to proceed in the matter in accordance with law without delay.

(Prabhat Kumar Singh, J) Shashi U