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Patna High CourtCWJC/1257/2020disposed

Chinta Gupta v. The State Of Bihar

2020-02-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1257 of 2020 ====================================================== Chinta Gupta, W/o of Vishwanath Prasad, Resident of Village- Charpokhari, P.S.-Charpokhari, Dist.- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna 2.

Principal Secretary, Department of Education, Govt. of Bihar, Patna. 3.

Director of Primary Education, Govt. of Bihar, Patna 4.

Regional Deputy Director of Education, Patna Division, Patna. 5.

District Magistrate, Bhojpur Ara, 6.

District Education Officer, Bhojpur Ara.

7.

District Program Officer (Establishment) Bhojpur Ara. 8.

Block Education Officer, Charpokhari, Bhojpur Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Respondent/s :

Mr.Madanjeet Kumar (Gp20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and the respondents.

The petitioner has approached this Court for a declaration that departmental proceeding against the petitioner is nullity in view of the departmental circular dated 26.02.2014. The petitioner was put under suspension on 12.09.2016. His suspension was subsequently revoked after order of this Court in C.W.J.C. No. 2699 of 2018, yet the departmental proceeding has not come to an end. Bihar Government Servant (Classification, Control

Patna High Court CWJC No.1257 of 2020(2) dt.18-02-2020 2/2 and Appeal) Rules, 2005 prescribes the time limit for conclusion of departmental proceeding, which is meant for application. Accordingly, the writ application is disposed of with a direction to the respondents to conclude the departmental proceeding in all respect, if not already concluded, within a maximum period of four months from the date of receipt/production of a copy of this order, failing which the departmental proceeding shall come to an end after expiry of the aforesaid period.

(Anil Kumar Upadhyay, J) uday/- U