Disposed

Yogendra Kumar v. the State of Bihar and Ors.

Patna HC5 Aug 2010CWJC/6286/2010

Case brief

AI extract

What is this about?

This court disposed of an application regarding expediting pending departmental proceedings against a suspended petitioner. The court directed respondents to consider a representation for revocation of suspension and dispose of it within four weeks if applicable, provided the petitioner is not answerable for delays.

What did the court decide?

Direction to respondents to consider petitioner's representation for revocation of suspension within four weeks of circular effectiveness, via reasoned order, if petitioner not answerable for delay.

Yogendra Kumar Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2010)

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 IN THE HIGH COURT OF JUDICATURE AT PATNA
 CWJC No.6286 of 2010

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1. YOGENDRA KUMAR S/O PARMESHWAR PASWAN R/O MOHALLA- WEST PATEL
NAGAR, P.S.- SHASTRI NAGAR, DISTT.- PATNA

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 Versus

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1. THE STATE OF BIHAR

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2. THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT BIHAR, PATNA

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3. THE DEPUTY SECRETARY, VIGILANCE DEPARTMENT, BIHAR, PATNA

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----------- 2/ 05/08/2010 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner was placed under suspension on 15.5.2009 and departmental proceedings initiated by Memo. of Charges dated 13.7.2009. In C.W.J.C. No.14355/09 this Court had directed the departmental proceedings to be concluded expeditiously preferably within the time fixed by Government instructions for conclusion of departmental proceedings. The proceedings commenced on the issuance of the charge-sheet. This application is therefore premature today as one year cannot be said to have passed. The petitioner is stated to have represented for revocation of suspension.

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Learned counsel for the State submits that he has received instructions, but in the instructions nothing has been stated with regard to any delay in the proceedings being attributable to the petitioner.

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This application is disposed with the observation that if the petitioner has represented for revocation of suspension, and if any circulars have been

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framed by the State Government for revocation of suspension or conclusion of departmental proceedings, and the petitioner is not answerable for the same, this Court requires the respondents to consider his representation at the appropriate time and dispose off the same within a maximum period of four weeks from the date of receipt/production of a copy of this order by a reasoned and speaking order which shall necessarily have to be computed from the date that the circular becomes effective.

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The application is disposed off.

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( Navin Sinha, J.)

Yogendra Kumar v. the State of Bihar and Ors.

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Yogendra Kumar v. the State of Bihar and Ors.

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