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2018 Supreme(Pat) 319

RAJEEV RANJAN PRASAD
Ram Pravesh Sharma @ Ram Pravesh Prasad Sharma, son of late Kapildeo Narain Sharma – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mritunjay Kumar, Adv.
For the Respondents:Ms. Shally Kumari, AC to SC-24, Mr. P.K. Verma, Sr. Advocate, Mr. Arvind Kumar, Adv.

JUDGMENT :

1. The present writ application has been preferred for issuance of a writ of mandamus directing the respondent authorities to restore the appointment of the petitioner on the post of Divisional Traffic Manager as he was on the date of his dismissal vide office order no.165 dated 25.02.2010 and accordingly to allow him all the permissible dues which the petitioner would have been entitled to upon his retirement due on 28.02.2010 in the light of the appellate order dated 30.04.2010 (Annexure-12 to the writ application). Petitioner has also challenged the order of dismissal vide office order No.165 dated 25.02.2010 as contained in Annexure-‘1’ to the writ application. According to the petitioner, against the order of dismissal passed by the Administrator who happened to be the Secretary-cum-Commissioner, Department of Transport, Govt. of Bihar, he had preferred an appeal before the Government in the concerned Ministry and the appellate authority i.e. the Minister, Transport Department, Government of Bihar acting as the appellate authority in terms of Rule 24(3) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as ‘Servi


























































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