Partly allowed

Deo Chandra Choudhary v. The State Of Bihar and Ors.

Patna HC17 Jan 2014CWJC/16058/2013

Case brief

AI extract

What is this about?

The Patna High Court held that a government employee cannot remain in suspension without follow-up departmental proceedings. The court directed the District Magistrate to furnish the chargesheet within four weeks or revoke the suspension and pay pending subsistence allowance, which is an absolute right.

What did the court decide?

Directing the District Magistrate to furnish the chargesheet within four weeks; revoke suspension if not done; and pay pending subsistence allowance.

Deo Chandra Choudhary Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16058 of 2013

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====================================================== 1. Deo Chandra Choudhary, Son of Late Udit Lal Choudhary, Resident of Village- Gandaul, P.O.- Baghwa, P.S.- Mahishi, District- Saharsa

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.... .... Petitioner/s

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Versus

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1. The State of Bihar through the Principal Secretary, Department of Rural Development, Government of Bihar, Patna 2. The Divisional Commissioner, Koshi Division, Saharsa 3. The District Magistrate, Saharsa 4. The District Panchayati Raj Officer, Saharsa 5. The Block Development Officer, Sattar Kataiya, District- Saharsa

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : Mr. Jaishankar Barnwal ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER

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4 17-01-2014 The Court does not appreciate the fact that respondents put the petitioner under suspension and no follow-up action was taken. If they want to conduct departmental enquiry against him on the set of charges for which he was suspended, he must do so as Government employee cannot be kept under suspension for eternity. The suspension had to be effected due to certain omission and commission which has been talked about in the order of suspension which has now been produced as Annexure-A to the counter affidavit.

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The District Magistrate, Saharsa is hereby directed that if he is interested in conducting the departmental proceeding, the

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Patna High Court CWJC No.16058 of 2013 (4) dt.17-01-2014

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chargesheet must be furnished to the petitioner within a period of four weeks from the date of receipt / production of a copy of this order and if not, a final decision revoking the suspension order ought to be passed within the same time-frame. He is also directed to ensure that balance of the subsistence allowance which has not been paid due to non-availability of allocation must be paid for the reason that the subsistence allowance cannot be dependant upon the availability of fund and it is a right of the employee who is under suspension.

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Writ application is disposed of with above direction.

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(Ajay Kumar Tripathi, J)

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R.K.Pathak/-

Deo Chandra Choudhary v. The State Of Bihar and Ors.

Case brief

What is this about?

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Deo Chandra Choudhary v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

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