SURENDRA PRASAD DINKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is an Assistant. He was posted in Shankarpur Block, District Madhepura. He was suspended vide order dated 8.12.1999, Annexure -7. A proceeding was initiated against him. Copy of charge was furnished to him. He filed his show -cause on 29.4.2000 but as yet the proceeding has not been concluded and as such writ petition has been filed for quashing the order, Annexure -7.

(2.) LEARNED counsel for the petitioner pointed out that inspite of filing of show -cause and also that the petitioner was appearing on the date fixed, nothing has been done in the enquiry and as such the order of suspension, Annexure -7, be quashed.

(3.) THEREFORE , the writ petition is disposed of directing the authority concerned to hold enquiry and submit enquiry report within a period of three months from the date of receipt/production of copy of this order. The disciplinary authority will take final decision on the enquiry report within a month thereafter. The petitioner will cooperate in the enquiry. If the petitioner fails to co -operate, the authority concerned shall be at liberty to proceed ex parte and conclude the proceeding within the aforesaid time as indicated above. In case the proceeding is not concluded within the aforesaid time the order of suspension shall stand revoked. The petitioner is entitled to subsistence allowance during the period of suspension and if it has not been paid the same must be paid to him.