Devendra Kumar vs The State Of Bihar And Ors
2021 Latest Caselaw 2000 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2426 of 2019
     ======================================================

Devendra Kumar, Late Bajrangi Sharma, resident of Village- Kaswan, Police Station- Parasbigha in the District of Jehanabad.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3. The Director, Panchayati Raj Department, Government of Bihar, Patna

4. The District Magistrate-cum- Collector, Jehanabad

5. The District Development Commissioner, Jehanabad.

6. The District Panchayati Raj Officer, Jehanabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Respondent/s : Mr.P.N.Shashi (Aag6) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT

Date : 03-05-2021 Heard learned counsel for the petitioner and the

respondents.

Learned counsel for the petitioner submits that for the

same set of facts and allegations the petitioner has been subjected

to Vigilance case as well as Departmental proceeding. He further

submits that the enquiry officer noticing the fact that for same set

of facts and materials criminal case is pending before the

competent Vigilance court submitted his report that there is no

need to enquire into the matter. The report of the enquiry officer is

dated 07.03.2020.

Patna High Court CWJC No.2426 of 2019 dt.03-05-2021

There is no hard and fast rule that during the pendency

of the criminal case, departmental proceeding cannot be initiated,

it depends on the peculiar facts and circumstances of each case.

Since the enquiry officer has submitted report way

back in March 2020, we are in May, 2021, it would be appropriate

that the disciplinary authority may take appropriate decision with

regard to the pending departmental proceeding either to await the

decision of the criminal court where the case is pending against

the petitioner or conclude the departmental proceeding in

accordance with the procedure prescribed for conduct of

departmental proceeding at the earliest preferably within a period

of six months from today, failing which the suspension of the

petitioner shall automatically revoked after expiry of six months

from today.

With the aforesaid, the writ application stands disposed

of.

(Anil Kumar Upadhyay, J)

uday/-

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