CJ directed the Principal Secretary to take a final decision in the petitioner's concluded departmental enquiry within four weeks to end prolonged lethargy and fix her status.
Direction to the Principal Secretary to take a final decision in the enquiry within four weeks.
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Patna High Court CWJC No.17712 of 2013 (2) dt.28-01-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17712 of 2013
====================================================== Sarita Kumari, wife of Randhir Kumar Singh, resident of village-Naveli Nagar, Sabore, P.S.-Sabore, District – Bhagalpur
====================================================== Appearance :
.... .... Respondent/s
For the Petitioner/s : Mr. Prabhu Nath Pathak For the Respondent/s : Mr. Manikant Mishra
====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
02. 28.01.2014 Heard learned counsel for the parties.
suspension. A departmental proceeding was also initiated as well as concluded and even a second showcause was issued to the petitioner and thereafter no response has been given to the petitioner. Reply was filed on 23.08.2012. It is nearing two years now since a decisive stage in the departmental proceeding had been reached, but it is sheer lethargy that a final decision or the outcome of the enquiry is not being reached.
Instead of adjourning the matter to find out the status, the Court directs that the Principal Secretary, if he happens to be the disciplinary authority, to take a final decision in the departmental enquiry on the basis of
Patna High Court CWJC No.17712 of 2013 (2) dt.28-01-2014
the second show-cause or direct the competent authority to take a decision, if the power is vested in any other subordinate authority of the department in relation to the petitioner. The final decision must be taken within four weeks from today. It is incumbent upon the State counsel to communicate this Order to the Principal Secretary for compliance without delay.
Writ application stands disposed off with observation / direction as above.
(Ajay Kumar Tripathi, J.)
SKM/-
2 issues framed by the court
Whether the disciplinary authority must decide the pending departmental enquiry expeditiously to end the petitioner's suspension and lethargy.
Whether a direction for final decision within four weeks constitutes adequate judicial relief.
Sarita Kumari
The State Of Bihar
The Principal Secretary, Department of Social Welfare, Government of Bihar
Ajay Kumar Tripathi
As recorded by the court registry
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