Court allowed the writ petition held that subsistence allowance was already paid directed District Magistrate to conclude departmental proceedings within six months disposed of the application.
Directing District Magistrate to conclude departmental proceedings within six months from date of receipt of this order; application disposed of accordingly.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10027 of 2021
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Ramjatan Prasad Son of Ramchandra Saw Resident of Village- Ilara, P.S.Cherki, District- Gaya.
... ... Petitioner
Versus
... ... Respondents
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Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha, Advocate For the Respondent/s : Mr.K.P. Gupta, GP-10 Mr.Satya Vrat, AC to GP-10
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
4 11-05-2023 Let the defects be ignored.
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner in the present case is seeking quashing of the order of suspension and payment of subsistence allowance as also a direction to conclude the departmental proceeding.
A counter affidavit has been filed on behalf of the respondents.
Learned counsel for the State submits that the suspension of the petitioner has already been revoked and he has been paid the subsistence allowance of Rs. 4,82,370/- in his salary account by the Block Development Officer, Tekari.
Patna High Court CWJC No.10027 of 2021(4) dt.11-05-2023 2/2
So far as the departmental proceeding is concerned, the same is said to be pending.
Having regard to the facts and circumstances of the case, this Court finds that the subsistence allowance prayed in this writ application has already been granted to the petitioner by the respondents. About the disciplinary proceeding, this Court directs the District Magistrate, Gaya (Respondent No. 2) to conclude the same within a period of six months from the date of receipt/production of a copy of this order.
This writ application stands disposed of accordingly.
(Rajeev Ranjan Prasad, J)
tusharika/-
U
3 issues framed by the court
Whether the suspension order and non-payment of subsistence allowance can be quashed when the allowance has already been granted?
Whether the departmental proceeding pending against the petitioner can be concluded?
Whether a direction can be issued to conclude the disciplinary proceeding within a specified period?
Ramjatan Prasad
The State of Bihar Through the District Magistrate, Gaya
The Collector-cum- District Magistrate Gaya
District Panchayat Raj Officer Gaya
The Sub Divisional Officer Tekari, District- Gaya
The Block Development Officer Tekari, District- Gaya
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
