Sanjay Kumar Singh vs State Of Bihar And Others

Madhuresh Prasad, J

This matter was mentioned for listing on urgent basis, which was allowed by Hon'ble the Chief Justice.

Accordingly, the same has been listed today for consideration through video conferencing in view of the nationwide lockdown on account of COVID-19 pandemic.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

Heard Mr. Mrigank Mauli, learned Counsel for the petitioner as well as Mr. Subhash Prasad Singh, learned Government Advocate No.3 representing the State Government.

The petitioner has assailed the memo dated 01.02.2019 placing him under suspension.

The submission of the petitioner's Counsel is that the writ petitioner has approached this Court assailing the suspension order and seeking revocation of the same. After the suspension order dated 01.02.2019, consequent charge memo dated 13.02.2019 came to be issued.

The petitioner's Counsel submits that in the proceedings, evidence on behalf of the State, and cross-examination of the witnesses have already been concluded. He submits that 7th of next month is the next date fixed in the matter, on which date the petitioner will be filing his list of witnesses and thereafter, he shall be proceeding to place his defence before the enquiry officer. Prayer is therefore made that this Court should direct that the enquiry proceedings be concluded expeditiously, preferably within six months.

Learned State Counsel submits that he has no instructions about the current stage of the proceedings before the enquiry officer. It is his submission that if the petitioner co- operates, there will be no undue delay on the part of the State authorities.

Considering the rival submissions, this Court would observe that the authorities are obliged to act without any undue delay. The writ petition is therefore disposed of with an observation that the authorities should make all endeavours to ensure that the proceedings are concluded expeditiously, without undue delay and preferably within a period of six months from the date of receipt/production of a copy of this order.

This Court would further observe that the petitioner would also be under an obligation to extend full co-operation for expeditious disposal of the proceedings, in accordance with law.

The writ petition is disposed of.