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2020 Supreme(Pat) 334

ANJANA MISHRA
Bijendra Kumar Ram Son of Sri Munishwar Das – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
For the Petitioners:Mr. V.Y. Giri, Sr. Advocate Mr. Vinod Kumar
For the Respondents:Mr.Vinay Kriti Singh, Sr. Advocate (GA-2) Mr. Dhananjay Singh
For the BPSC : Mr. Sanjay Pandey

C.A.V. JUDGMENT :

The present writ petitioner seeks to challenge the order dated 20.09.2017 contained in Memo No. 1677 and also Memo No. 1031 dated 11.05.2018, whereby the second show-cause notice has been issued to the petitioner. The petitioner further prays for staying the departmental proceeding initiated in form ‘K’ by Resolution No. 1677 dated 20.09.2017 which is in utter violation of the letter of the General Administrative Department bearing Letter No. 15548 dated 06.12.2017 and also Letter No. 1893 dated 14.06.2011.

2. During the pendency of the writ application, the petitioner was terminated from service vide order dated 19.07.2018 contained in Memo No. 1539 and thus the petitioner filed I.A. No. 5836 of 2018 for quashing the same which has also been allowed vide order dated 21.08.2018.

3. The factual matrix of the case can briefly be detailed as follows:-

    I. The petitioner who has an impeccable service record was functioning on the post of Chief Engineer, Flood Control and Water Drainage, Samastipur under the Water Resources Department. He was, however, suspended by notification contained in Memo No. 1615 dated 14.09.2017 from his duty for having been careless and neglig

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