The Patna High Court disposed of a writ petition concerning delay in a departmental inquiry. The court directed the Superintendent of Police to take a final decision within eight weeks due to inordinate delay.
Direction to respondent No. 4 to take a final decision within eight weeks from the date of receipt of a copy of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11828 of 2014
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Md. Salim Ahsan @ Md. Salim Son of Late Md. Khalil Ahsan Resident of Village - Kahta, P.O. Rajgir, P.S. Chhabilapur, District Nalanda, presently residing at Munger, Fort Area, Near Masjib, P.S. Kotwali, District - Munger
... ... Petitioner
Versus
... ... Respondents
====================================================== Appearance : For the Petitioner/s : Mr.Dhirendra Nath Jha For the Respondent/s : Mr.Aag10- P.N. Shahi ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 25-02-2019
Heard learned Counsel for the petitioner and the
learned Counsel for the respondent State.
The submission of the petitioner’s Counsel is that though the Enquiry Officer has submitted a report/finding on 31.12.2013, the respondent No. 4, who is required to take a decision on the report submitted by the Conducting Officer, has still not taken any decision on the same. The limited grievance is that respondent No. 4 should be directed to take a decision in respect of the proceedings for which the Conducting Officer (respondent No. 5) had passed the order dated 31.12.2013. The issue arises out of Departmental Proceeding No. 42 of 2010.
In view of the limited grievance of the petitioner, the
Patna High Court CWJC No.11828 of 2014(3) dt.25-02-2019 2/2
writ petition is disposed of with a direction to respondent No. 4 to take a final decision in the matter within a period of eight weeks from the date of receipt/production of a copy of this order as this inordinate delay in decision by respondent No. 4 is highly undesirable and cannot be countenanced in the departmental proceeding.
The writ petition is disposed of with the aforesaid
direction.
(Madhuresh Prasad, J)
SNkumar/-
U
2 issues framed by the court
Whether the petitioner is entitled to a direction taking a final decision on departmental proceedings pending before the respondent No. 4 due to inordinate delay.
Whether the delay by the respondent No. 4 in deciding the report submitted by the Conducting Officer can be countenanced.
Md. Salim Ahsan @ Md. Salim Son
The State Of Bihar through Director General of Police, Bihar, Patna
The I.G. of Police, Bhagalpur Zone, Bhagalpur
The D.I.G. of Police, Munger Range, Munger
The Superintendent of Police, Munger
The Deputy Superintendent of Police Head Quarter, Munger
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
