Single judge oral order revoking petitioner's suspension, directing cooperation in enquiry, and indicating subsistence allowance accrual pending departmental outcome.
Suspension revoked; petitioner directed to cooperate; subsistence allowance to be granted within four weeks if no legal bar.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11940 of 2013
====================================================== Umesh Kumar Sinha, Son of Sri Birendra Kumar Gautam, Resident of Village - Amarpur, P.S. Makhadumpur, District - Jehanabad .... .... Petitioner/s Versus 1. The State of Bihar 2. Inspector General (Home Prison ), Govt. of Bihar, Old Secretariat, Patna. 3. Jail Superintendent, Mandal Kara, Bhabhuwa, District - Kaimur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pratap Sharma For the Respondent/s : Mr. Yogendra Pd Sinha, AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 4 27-01-2014 Suspension of the petitioner stands revoked. Departmental proceeding initiated will continue. Petitioner is directed to cooperate in the departmental proceeding so that the issue may be set to rest without undue delay. The question of payment of salary for the period of suspension will be considered on the basis of the outcome of the departmental enquiry. The subsistence allowance however, if any, will accrue to the petitioner without any delay preferably within a period of four weeks provided such claim is not hit by any law.
An affidavit for exemption of presence of IG (Prison) has been filed in the circumstances indicated therein. In his place Additional Secretary of the department is present. His appearance now stands dispensed with.
Patna High Court CWJC No.11940 of 2013 (4) dt.27-01-2014
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The action taken against the delinquent will be taken to its logical end and it should not remain a formality only for the purpose of the Court.
Writ application is disposed of with above observation.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
1 issue framed by the court
Whether the suspension of the petitioner should be revoked and departmental proceeding continued.
Umesh Kumar Sinha
The State of Bihar
Inspector General (Home Prison), Govt. of Bihar
Jail Superintendent, Mandal Kara
AJAY KUMAR TRIPATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
