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2024 Supreme(Online)(Pat) 526

PATNA HIGH COURT
Sunil Kumar Singh – Appellant
Versus
The State of Bihar – Respondent


ORAL JUDGMENT

Date : 10-01-2024

1. The present writ petition has been filed seeking the following relief(s):-

“1. That this is an application for issuance of appropriate writ, order/direction to set aside/declare non existing the denovo departmental enquiry started against the petitioner by order no. 15/2016-17 as contained in memo no. 253 dated 02.06.2016 as the same has not been concluded in spite of lapse of more than 5 years due to no evidence and to all the financial benefit like salary, subsistence allowance and of 2nd, 3rd ACP which is not being paid due to and in name of pendency of aforesaid proceeding.”

2. Though the respondents were granted due opportunity to file counter affidavit as long back as on 10.11.2023, but they have not bothered to file any counter affidavit, which depicts that they have no opposition to the present writ petition.

3. Nonetheless, it is submitted by the learned counsel for the petitioner that only on account of pendency of a departmental proceeding, initiated initially in the year 2007, which has not stood concluded till date, the benefits of ACP scheme has not been granted to the petitioner, hence, while limiting the relief sought for in the presen

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