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HIGH COURT OF PATNA
Mr. Justice P. B. Bajanthri
Hare Ram Yadav – Appellant
Versus
The State – Respondent
CWJC/10734/2020
Headnote:
Fact of the Case:
Petitioner, a Chaukidar, was dismissed from his post after a departmental inquiry found him guilty of all charges against him. He filed a writ petition challenging the dismissal order.
Finding of the Court:
The court directed the Appellate Authority to consider and pass a speaking order on the petitioner's appeal within three months.
Final Decision: The writ petition was disposed off.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10734 of 2020
======================================================
Hare Ram Yadav Son of Late Nagina Yadav Resident of Village- Simri,
Dudhipatti, 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 Officer cum- Circle Officer, Simri, District- Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Prashant Kumar
For the Respondent/s
:
Mr. Lalit Kishore ( Ag )
:
Mr. Manish Kumar, GP 4
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 12-01-2022
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 prayed for the
following relief/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. 02-2014 dated 30.11.2018 issued
under the signature of District Magistrate, Buxar whereby and
where under it is observed that after conclusion of
departmental proceedings 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 issuance of order under Rule
Patna High Court CWJC No.10734 of 2020 dt.12-01-2022
2/2
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 upon 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 is stated to have submitted statutory appeal
before the Appellate Authority against the order dated 30th
November, 2018.
4. The Appellate Authority is hereby directed to consider
and pass a speaking order on the petitioner’s appeal within a
period of three months from the date of receipt of this order.
5. Accordingly, writ petition stands disposed off.
GAURAV S./-
(P. B. Bajanthri, J)
AFR/NAFR
CAV DATE
Uploading Date
19.01.2022
Transmission Date
