Petitioner challenged non-payment of salary during suspension and post-revocation period. Court disposed of writ petition directing Director, Secondary Education to conclude departmental proceeding within six months.
Directed respondent No.2 to conclude departmental proceeding within six months from receipt of order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22180 of 2019
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Uma Shankar Pandey, son of Late Krishnadeo Pandey, resident of Ward No. 22, Rajendra Nagar, Gopalganj, P.S. and District Gopalganj.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Amar Nath Singh For the Respondent/s : Mr.Jitendra Kumar Roy1 (SC13) ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioner filed this writ petition for payment of salary during the period of suspension and for payment of salary after revocation of his suspension w.e.f. 19.01.2019.
The District Education Officer, Gopalganj is present in court and she filed counter affidavit stating therein that salary of the petitioner is being paid since 29.06.2019 but since departmental proceeding is still pending salary of the period in which the petitioner was kept under suspension is subject to result of departmental proceeding.
Patna High Court CWJC No.22180 of 2019(3) dt.13-01-2020 2/2
Having considered the submissions of both sides, this writ petition is disposed of with a direction to the Director, Secondary Education, Bihar, Patna, respondent No.2, to conclude the departmental proceeding within six months from the date of receipt of this order.
With the aforesaid direction, this writ petition is disposed of.
The personal appearance of the District Education Officer, Gopalganj is dispensed with.
(Prabhat Kumar Jha, J)
BKS/-
U
2 issues framed by the court
Whether the petitioner is entitled to salary during the period of suspension as salary after revocation of suspension w.e.f. 19.01.2019.
Whether the departmental proceeding against the petitioner should be concluded.
Uma Shankar Pandey
State of Bihar through the Principal Secretary, Human Resources Department, Bihar, Patna
Director, Secondary Education, Bihar, Patna
District Magistrate, Gopalganj
Regional Deputy Director of Education, Saran Division, Saran at Chapra
District Education Officer, Gopalganj
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
