Allowed

Gautam Manjhi v. the State of Bihar and Ors.

Patna HC17 Jul 2012CWJC/23484/2011

Case brief

AI extract

What is this about?

This is an oral order regarding the petitioner's suspension as a Headmaster. The court applied the ratio of Gyan Kumar Ram, holding that suspension becomes unsustainable after three months without framed charges. It directed the District Magistrate to hold an enquiry and imposed time limits for compliance.

What did the court decide?

Petitioner's claims allowed. District Magistrate directed to hold enquiry if charges framed deliberately to delay relief; responsible officers to face departmental proceedings.

Gautam Manjhi Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23484 of 2011

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====================================================== 1. Gautam Manjhi S/O Sri Bideshi Manjhi Resident Of Village Sanah, Post Office Dharmparsa, Police Station Manjhagarh, District Gopalganj, At Present Headmaster (Suspended), Upgraded Middle School, Manjha, Gopalganj. .... .... Petitioner/s Versus 1. The State Of Bihar Represented Through The Chief Secretary, Govt. Of Bihar, Patna. 2. The Districdt Magistrate, Gopalganj. 3. The District Education Officer, Gopalganj. 4. The District Programme Officer (Establishment), Gopalganj. 5. The Block Education Officer, Manjha, Gopalganj.

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar For the Respondent/s : Mr. Prasoon Sinha Ga2 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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3 17-07-2012 Heard learned Counsel for the petitioner and the State. The petitioner, Headmaster of the School in question, is aggrieved by his suspension dated 3.8.2011. Learned Counsel for the petitioner submits that charges were required to be framed within three months from the date of suspension under Rule 9(7) of the Bihar Civil Services (Classification, Control and Appeal) Rules, 2005. Charges could be framed even after the same within a period of seven months. But, if after expiry of three months and before framing of charges the petitioner objects, the suspension becomes unsustainable. He relies on a Full Bench decision in 2009(4) PLJR 272 (The State of Bihar V. Gyan Kumar Ram).

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The writ application, affirmed on 12.12.2011 meets the requirement of expiry of three months from the date of suspension coupled with specific pleading to that effect in paragraph 17.

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Patna High Court CWJC No.23484 of 2011 (3) dt.17-07-2012

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On 3.5.2012 time was granted to file counter affidavit. No counter affidavit has been filed till today. No useful purpose is going to be served by adjourning the matter further for the purpose when the law stands well settled by the decision in Gyan Kumar Ram (supra) and the only question remains for its appropriate application in the facts of the present case.

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Let Respondent no. 4 examine the claims of the petitioner in light of the judgement in Gyan Kumar Ram (supra) more particularly at paragraph 20 of the same.

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The allegations in the order of suspension reflect seriousness. The District Magistrate, Gopalganj shall himself hold an enquiry if charges were not framed deliberately to enable the petitioner to obtain relief from the Court. Responsibility shall be fixed against those responsible for not framing charge within time and appropriate departmental proceeding be considered against them.

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Let this order be complied with within a maximum period of four weeks in so far as the claims of the petitioner are concerned and within a maximum period of eight weeks from the date of receipt and/or presentation of a copy of this order in so far as the latter direction is concerned.

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The writ application stands disposed.

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(Navin Sinha, J)

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Snkumar/-

Gautam Manjhi v. the State of Bihar and Ors.

Case brief

What is this about?

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Gautam Manjhi v. the State of Bihar and Ors.

Case brief

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