IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9771 of 2009
BIRENDRA KUMAR VERMA, S/O LATE PARMESHWAR
DAYAL, R/O VILLAGE-MORARPUR, P.S.-LAHERI,
DISTRICT-NALANDA. .....................PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL
SECRETARY, HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR, PATNA.
2. COMMISSIONER, PATNA DIVISION, PATNA.
3. DISTRICT EDUCATION ESTABLISHMENT
COMMITTEE, NALANDA THROUGH ITS SECRETARY-CUM-
DISTRICT SUPERINTENDENT OF EDUCATION,
NALANDA.
4. DISTRICT MAGISTRATE-CUM-CHAIRMAN, DISTRICT
EDUCATION ESTABLISHMENT COMMITTEE, NALANDA.
5. DEPUTY DEVELOPMENT COMMISSIONER, NALANDA.
6. DISTRICT EDUCATION OFFICER, NALANDA.
7. DISTRICT SUPERINTENDENT OF EDUCATION,
NALANDA.
8. AREA EDUCATION OFFICER, ASTHAWAN, NALANDA.
9. AREA EDUCATION OFFICER, HILSA, NALANDA.
..................RESPONDENTS.
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4 07.09.2010 When the case was taken up by this Court on
28.08.2009 i.e. almost a year back, this Court noticed
that while allowing the appeal of the petitioner the
Appellate Authority has remitted the matter back to the
disciplinary authority for passing fresh orders within a
period of six months.
The grievance of the petitioner was that
inspite of the said remand order of the Appellate
Authority dated 30.03.2007, the disciplinary authority
had not passed the order till now. This Court, therefore,
allowed time to learned counsel for the respondents to
file a counter affidavit on behalf of the Deputy
Development Commissioner, Nalanda respondent no.5
2
assigning reason for pendency of the proceeding before
him for such a long time. It is almost one year, but no
counter affidavit has been filed.
Learned counsel for the respondents prays for
another adjournment.
The prayer is refused.
Since there is nothing on record to show that
the disciplinary authority has passed orders even after
passage of more than two years from the order of the
Appellate Authority dated 30.03.2007, by which, it was
directed to pass a speaking/reasoned order in the
proceeding within six months, it is directed that if till
today no final orders have been passed in the
proceeding by the disciplinary authority upon remand
from the Appellate Authority, the entire proceeding
against the petitioner shall stand quashed. As a
consequence, the punishment order shall stand wiped
out and the petitioner shall be entitled to all the
consequential benefits.
The writ application is allowed with the
aforesaid observations and directions.
Arvind/ ( J. N. Singh, J.)