Ramchandra Prasad vs The State Of Bihar
2023 Latest Caselaw 5093 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10364 of 2023
     ======================================================

Ramchandra Prasad Son of Late Mohan Bhagat Resident of KSFA-2/4 Madhuvan Housing Complex, Lohia Nagar, Kankarbagh, P.S.- Patrakar Nagar, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Public Health and Engineering Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Public Health and Engineering Department, Govt.

of Bihar, Patna.

3. The Joint Secretary, Public Health and Engineering Department, Govt. of Bihar, Patna.

4. The Joint Secretary (Management Cell), Public Health and Engineering Department, Govt. of Bihar, Patna.

5. The Accountant General, Bihar, Patna.

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

For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the State : Mr. S. Raza Ahmad ( AAG- 5 ) Mr. Vishwambhar Prasad, AC to AAG-5 For the A.G. : Mr. Binod Kumar Labh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 05-10-2023 Heard Mr. Ranjeet Kumar, learned counsel

appearing on behalf of the petitioner; Mr. S. Raza Ahmad,

learned AAG-5 appearing on behalf of the State and Mr. Binod

Kumar Lab, learned counsel for the Accountant General, Bihar.

2. Learned counsel appearing on behalf of the State

informs this Court that admissible dues has already been paid to

the petitioner along with 90 percent provisional pension,

however, because of pendency of two departmental proceedings,

full amount of gratuity and leave encashment have been Patna High Court CWJC No.10364 of 2023 dt.05-10-2023

withheld.

3. The Disciplinary Authorities are directed to pass

necessary order in terms of the circular of the State Government

issued from time to time that disciplinary proceeding should not

be kept pending against an employee beyond a period of three

months from the date of its initiation. The two disciplinary

proceedings, which are pending against the petitioner are

directed to be concluded within a period of three months

without delay.

4. In case the petitioner is found to be exonerated

from the proceedings, full pension and gratuity along with leave

encashment, which are due to the petitioner are directed to be

paid within a further period of one month from the date of

passing of the final order.

5. In case of delay, the petitioner is at liberty to take

appropriate legal action against the concerned authorities.

6. Accordingly, the present writ petition is disposed

of.

(Purnendu Singh, J)

Niraj/-

AFR/NAFR                N.A.F.R.
CAV DATE                N/A
Uploading Date          07.10.2023
Transmission Date       N/A