Sunil Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2020 of 2019 ====================================================== Sunil Kumar Singh, son of Late Sheopujan Singh Mohalla-House No. 94//5, Anand Bihar Colony, Phase-I Purvi Gola Road, Danapur, P.S.-Danapur, District-Patna and Presently Posted as Co-Operative Extension Officer, in the Office of Assistant Registrar, Co-operative Societies, West Circle, Combined Building, Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Principal Secretary, Department of Co-Operative,Government of Bihar, Patna 3.

The Registrar, Co-operative Societies, Bihar, Patna 4.

The Addl. Registrar, Co-operative Societies, Bihar Patna 5.

The Joint Registrar, Co-operative Societies, Tirhut Division, Muzaffarpur 6.

The District Magistrate Muzaffarpur 7.

The District Development Commissioner Muzaffarpur 8.

The Block Development Officer,Paru, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindhyachal Rai, Adv.

For the State :

Mr. Sanjay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 25-11-2024 Heard Mr. Bindhyachal Rai, learned Advocate for the petitioner and Mr. Sanjay Kumar, learned Advocate for the State.

2. The petitioner is aggrieved by the order as contained in Memo No. 8149 dated 13.10.2017 passed by the learned Registrar, Co-operative Societies, Bihar, Patna whereby and where under the punishment has been imposed in the form of censure and withholding of an increment of salary from

Patna High Court CWJC No.2020 of 2019 dt.25-11-2024 2/3 cumulative effect. The petitioner also prayed for quashing of the order dated 07.09.2018 as contained in Memo No. 3041 dated 11.09.2018 passed by the learned Principal Secretary, Cooperative Department-cum-Appellate Authority, Bihar, Patna whereunder the appeal preferred by the petitioner also came to be rejected.

3. On account of certain charges the petitioner was put under departmental proceeding which culminated into punishment afore noted. The same was also challenged before the Appellate Authority. However, the petitioner did not get any succor and, as such, the present writ petition.

4. Learned Advocate for the State at the outset submits at the Bar that the petitioner has appropriate statutory remedy of revision before the State Government under Rule 28 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as the 'Rules 2005').

5. Considering the submissions advanced by the learned Advocate for the parties and taking note of the nature of punishment, this Court deems it apt and proper to dispose off the writ petition with liberty to the petitioner to approach before the competent authority in terms of rule 28 of the Rules 2005,

Patna High Court CWJC No.2020 of 2019 dt.25-11-2024 3/3 preferably within a period of four weeks from today. In case such revision is filed, the competent authority shall be obliged to pass a reasoned and speaking order within a further period of 12 weeks.

6. The writ petition stands disposed off with the aforesaid direction.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 26.11.2024 Transmission Date