Pat HC | Court cannot exercise jurisdiction in a matter where departmental proceedings are pending against employee and no final order has been given therein

Patna High Court: The Bench of Madhuresh Prasad, J. dismissed a civil writ petition filed by an employee against whom disciplinary proceedings were initiated but no final order had been given in the matter.

The present writ application had been filed challenging the entire proceedings arising out of departmental proceedings which was initiated against the petitioner for certain charges communicated to him under Praptra ‘K’ during the period when he was posted as Circle Officer.

The Court noted that the petitioner had approached it without there being any order of punishment against him. Disciplinary proceedings had been initiated against the petitioner and the enquiry report had been submitted after the conclusion of the proceedings before the Enquiry Officer. Since the final decision was yet to be taken by the disciplinary authorities, thereafter only could the petitioner be aggrieved by the outcome of proceedings.

In view of the above, it was held that at present there was no occasion for this Court to exercise any jurisdiction in favour of the petitioner.[Bishwa Nath Prasad v. State of Bihar, 2019 SCC OnLine Pat 36, Order dated 10-01-2019]

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