IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18533 of 2009 With CWJC No. 17707 of 2009 ------- MEGH NATH RAM (I.P.S.) son of Late Bhagirath Ram resident of village Shankar Bigha, P.S. Wazirganj, District Gaya. Versus 1. SRI ANUP MUKHERJEE Son of name not known to the petitioner, Chief Secretary, Govt. of Bihar, Patna. 2. Smt. S. Sidhu wife of name not known to the petitioner, Departmental Enquiry Commissioner, Old Secretariat, Patna. 3. Sri Afzal Amanullah son of name known to the petitioner, Special Secretary-cum-Home Commissioner, Old Secretariat, Patna. 4. Sri Alok Rout, Son of name known to the petitioner, Secretary, U.P.S.C. Dholpur House, Shahjahan Road, New Delhi 110060. CWJC No.17707 of 2009 1. MEGH NATH RAM (I.P.S.) S/O LATE BHAGIRATH RAM R/O VILL SHANKARBIGHA, P.S. WAZIRGANJ, DISTT-GAYA Versus 1. THE UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA 2. THE UNION PUBLIC SERVICE COMMISSION, THROUGH ITS SECRETARY, DHOLPUR HOUSE, SHAHJAHAN ROAD, NEW DELHI-110069 3. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY OLD SECRETARIAT, PATNA 4. THE SECRETARY, HOME (POLICE ) DEPARTMENT GOVT. OF BIHAR , OLD SECRETARIAT, PATNA 5. THE JOINT SECRETARY, HOME (POLICE ), DEPARTMENT GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 6. THE DIRECTOR GENERAL-CUM-INSPECTOR GENERAL OF POLICE, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA. 7. ADDITIONAL DIRECTOR GENERAL OF POLICE (LAW &ORDER) GOVT. OF BIHAR ,OLD SECRETARIAT, PATNA 8. THE CENTRAL ADMINSTRATIVE TRIBUNAL PATNA BENCH, PATNA, THROUGH ITS REGISTRAR ----------- For the Petitioner :- Mr. Ganesh Prasad Singh, Sr. Advocate & - 2 - Mithilesh Kumar Rai. For the State :- Mr. Roy Shivaji Nath, AAG IV For the U.P.S.C. :- Mr. Kaushal Kishore Jha. ------- 2 04/01/2010 These writ petitions being connected were heard analogously and are disposed of by a singular order. We have heard Mr. Ganesh Prasad Singh, learned Senior Counsel for the petitioner, Mr. Roy Shivaji Nath, AAG IV, learned counsel for the State and Mr. Kaushal Kishore Jha, learned counsel for the Union Public Service Commission. The grievances that surface in these two writ petitions is that the disciplinary proceeding that had been initiated against the petitioner has not yet been finalized and the adopting of sealed cover procedure is illegal and no disciplinary proceeding was initiated by the time the Departmental Promotion Committee met. This Court had passed certain directions in C.W.J.C. No. 17707 of 2009 and required the State counsel to obtain certain instructions. When the writ petition i.e. C.W.J.C. No. 18533 of 2009 was taken up today, it was thought proper to hear the matter along with CWJC No. 17707 of 2009 - 3 - and, accordingly, they have been heard. Keeping in view of non-finalisation of the departmental proceeding we are inclined to direct the respondents to finalise the disciplinary proceeding by end of February, 2010 positively with an intimation to the petitioner. We may hasten to clarify that we have not expressed any opinion on the merits of the case and the respondents are expected to act with utmost objectivity. The issue raised in CWJC No. 17707 of 2009 is that the charge-sheet was issued much after the Departmental Promotion Committee considered the case of the petitioner and, therefore, there was no reason to keep the same in a sealed cover, is kept open. The petitioner would be at liberty to raise the said point, if required, after disciplinary proceeding is finalised as directed here-in- above. With the aforesaid directions, both the writ petitions stand disposed of. There will be no order as to costs. (Dipak Misra, CJ.) (Shiva Kirti Singh, J) - 4 - AMIN