AI Structured Summary
Not yet generated for this judgment
Judgment
The present appeal has been filed against the judgment dated 16.05.2014 passed by a learned Single Judge of this Court in C.W.J.C. No. 21758 of
2012, titled as Ghulam Md. Jeelani Ashraf Vs. The State of Bihar & Ors.
The challenge laid in the present appeal is limited to the observations made against the present appellant who was party-respondent in the writ petition,
on the ground that the present appellant was never noticed, and as such, the observations made are without affording opportunity of hearing.
We are in agreement with such submission made by the learned counsel for the appellant but that would not mean that the judgment needs to be
interfered with on that count, for the process of selection and appointment cannot be held to be illegal in any manner.
As such, we are not inclined to set aside that part of the order whereby direction stands issued for initiating departmental proceeding against the
appellant. In fact, we are of the considered view that such proceedings be initiated against all such persons who were involved in the process of
selection and appointment.
As such, we dispose of the present appeal clarifying that the observations made in the impugned judgment in so far as it relates to the act and conduct
of the present appellant are concerned, shall not come in the way of the conclusion of the proceedings.
Needless to add, the departmental proceedings shall be conducted and concluded within a time bound period. Since the matter relates to the year 2012,
we direct that the said proceedings be concluded within a period of six months, after affording opportunity of hearing to the parties.
The present appeal stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, shall stand disposed of.