IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10591 of 2020

======================================================

Bir Bhajan Yadav Son of Late Singhashan Yadav, Resident of Village-

Akauna, Police Station-Simri, District-Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Department of Home, Government of Bihar, Patna.

3.

The Commissioner, Patna Division, Patna.

4.

The District Magistrate, Patna.

5.

The Conducting Officer-cum-Sub-Divisional Officer, Dumraon, District-

Buxar.

6.

The Representing Office cum-Circle Officer, Simri, District-Buxar.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Prashant Kumar

For the Respondent/s

:

Mr. Lalit Kishore (Ag)

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 11-01-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19

pandemic.

2. In the instant petition, petitioner has sought for

following reliefs:

“ I. For issuance of a writ in the

nature of certiorari or any other appropriate

writ, for quashing of the order as contained in

Memo no. 02-2012 dated 30.11.2018 issued

under the signature of District Magistrate,

Buxar whereby and whereunder it is observed

that after conclusion of departmental

proceeding in the enquiry report all the

charges levelled against the petitioner are

found to be fully proved and hence in light of

above, the District Magistrate, Buxar inflicted

punishment of dismissal from the post of

Chaukidar with effect from the date of

Patna High Court CWJC No.10591 of 2020 dt.11-01-2022

2/2

issuance of order under Rule 14(xi) of Bihar

Government Servant (Classification control

and Appeal) (Amendment) Rule 2007.

II. For issuance of a writ in the

nature of mandamus or any other appropriate

writ, order or direction, commanding upon the

Respondents to reinstate the petitioner on the

post of Chaukidar w.e.f. 30.11.2018 as the

punishment of dismissal has been passed on

the basis of wrong assumption of facts, is

evident from proceeding conducted against

the petitioner.

III. For holding that the order of

dismissal passed against the petitioner is

totally illegal and not sustainable in the eye of

law, as is based only conjecture and surmises

and on wrong assumption of facts.

IV. For issuance of any other writ

or direction which your Lordships may deem

fit and proper in the facts and circumstances

of the case.”

3. Petitioner has admitted that he had preferred appeal

against the order dated 30^th November, 2018 of the District

Magistrate, Buxar.

4. The appellate authority is hereby directed to decide

the petitioner’s appeal within a period of four months from the

date of receipt of this order and communicate the decision to the

petitioner.

5. With the above observations, the instant petition

stands disposed of.

rakhi/-

(P. B. Bajanthri, J)

AFR/NAFR

CAV DATE

Uploading Date

Transmission Date