IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10792 of 2020

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RAMDHARI YADAV Son of Late Deo Yadav Resident of village- Sahiyar,

Police Station- Simri, District- Buxar

... ... Petitioner/s

Versus

1.

The State 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

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Appearance :

For the Petitioner/s

:

Mr. Prashant Kumar

For the Respondent/s

:

Mr. Sheo Shankar Prasad SC 8

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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. 02-2013 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 issuance of order under Rule 14

Patna High Court CWJC No.10792 of 2020 dt.12-01-2022

2/2

(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 has invoked appeal remedy by filing

Service Appeal No. 10 of 2019 against the order of dismissal and

it is pending consideration before the Appellate Authority.

Therefore the Appellate Authority is hereby directed to decide the

petitioner’s Service Appeal No. 10 of 2019 within a period of four

months from the date of receipt of this order.

4. With the above observation, writ petition stands

disposed off.

GAURAV S./-

(P. B. Bajanthri, J)

AFR/NAFR

CAV DATE

Uploading Date

19.01.2022

Transmission Date