Disposed

Rajendra Kumar Ram v. The State of Bihar

Patna HC21 Jan 2020CWJC/1304/2020

Case brief

AI extract

What is this about?

Petitioner sought declaration that departmental proceeding initiated against him due to delay under a 2014 circular was nullity and prayed for salary arrears. The High Court directed disciplinary authority to conclude pending proceedings within four months from receipt of this order but dismissed the prayer regarding salary arrears as the circular did not mandate vitiation of proceedings upon dela

What did the court decide?

Direction to disciplinary authority to conclude pending departmental proceeding within four months from date of receipt of this order; dismissal of prayer for salary arrears.

Rajendra Kumar Ram Vs The State of Bihar — Service and Employment | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1304 of 2020

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Rajendra Kumar Ram, Male, Aged about 34 years, S/o Sri Shyam Lal Ram, resident of Village- Kashidih Rataiya Tola, P.S.- Charpokhari, Dist- Bhojpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.

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Principal Secretary of Department of Education, Govt. of Bihar, Patna.

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Director of Primary Education, Govt. of Bihar, Patna.

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Regional Deputy Director of Education, Patna Division, Patna.

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District Magistrate, Bhojpur, Ara.

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District Education Officer, Bhojpur, Ara.

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District Program Officer (Establishment), Bhojpur, Ara.

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Block Education Officer, Charpokhari, Bhojpur, Ara.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Ravi Ranjan For the Respondent/s : Mr.Prabhakar Jha (Gp27)

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 21-01-2020 Heard both sides.

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The petitioner in this writ petition seeks direction for declaration of departmental proceeding initiated against the petitioner as nullity in view of the departmental circular contained in 3/M-27/2014 Sapra-2763 dated 26.02.2014, issued under the signature of the Chief Secretary, Government of Bihar and further for a direction to the respondents to pay the arrears of salary of the petitioner from June, 2016 to June, 2018.

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Learned counsel for the petitioner submits that the Principal Secretary, General Administration Department issued

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Patna High Court CWJC No.1304 of 2020(2) dt.21-01-2020 2/2

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the circular and directed the disciplinary authority to hold the departmental proceeding in time frame detailed in the aforesaid letter but does not contain any direction that if the departmental proceeding is not concluded within the stipulated time, the entire departmental proceeding shall be vitiated. The departmental proceeding has already been initiated. Charges have been served to the petitioner.

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Considering the facts, I direct the disciplinary authority that since departmental proceeding is pending from June, 2016, the same must be concluded within four months from the date of receipt of this order.

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With the aforesaid direction, the writ petition is disposed of.

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(Prabhat Kumar Jha, J)

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S.KUMAR/-

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Rajendra Kumar Ram v. The State of Bihar

Case brief

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Rajendra Kumar Ram v. The State of Bihar

Case brief

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