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2017 Supreme(Pat) 1392

JYOTI SARAN
Shankar Dayal, Son of Late Ramdhani Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ajey Kumar, Advocate.
For the Respondents: Mr. Kumar Alok, SC-7, Dr. Raj Kumar Singh, AC to SC-7.

JUDGMENT :

1. Heard Mr. Ajey Kumar, learned counsel appearing for the petitioner and Mr. Kumar Alok, learned Standing Counsel No.7 for the State.

2. The petitioner prays for issuance of a writ in the nature of certiorari for quashing the order bearing Memo No.156 dated 22.1.2014 passed by the District Magistrate, Nalanda, whereby in exercise of powers vested under rule 14 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as ‘the Rules’), the petitioner has been visited with the penalty of compulsory retirement. A copy of the order of punishment is impugned at Annexure-7 to the writ petition and has been affirmed by the Appellate Authority who vide order passed on 15.12.2015 has dismissed the Service Appeal No.224 of 2014 preferred by the petitioner which is impugned at Annexure-8 to the writ petition.

3. With the consent of the parties the matter has been heard with a view to its final disposal at the stage of admission itself.

4. The facts of the case in brief is that the petitioner at the stage of passing of the impugned order was holding the post of Nazir, a Class-III post under the State and was posted at the Circle Office, R























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