Ashwini Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1539 of 2024 ====================================================== Ashwini Kumar son of Late Rameshwar Prasad, Resident of Behind Sidhu Kanu Ground, Near Mount Litera School, Bazar Tall, Gola Road, P.O. and P.S. and District-Ramgarh, Jharkhand.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.
The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
3.
The Director, Land Acquisition-cum-Additional Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 4.
The Joint Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
5.
The Special Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
6.
The Commissioner Patna Division, Patna.
7.
The District Magistrate, Nalanda.
8.
The Additional Collector, Nalanda.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar, Advocate For the State :
Mr. Sarvesh Kumar Singh, AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2024 The present writ petition has been filed seeking the following relief:- "1. (i.) For setting aside the Enquiry Report dated 19.12.20 as contained in Letter No. 6513 dated 31.12.20 whereby the charges against the petitioner was found to be proved without recording of oral testimony in gross violation of Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 as well as in violation of Principle of Natural Justice.
Patna High Court CWJC No.1539 of 2024(2) dt.29-02-2024 2/3 (ii) For setting aside the order of punishment as contained in Memo No.1927 dated 26.10.2023 passed by the Director, Land Acquisition-cum-Additional Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna, whereby the petitioner has been dismissed from service.
(iii) The petitioner further prays that after setting aside the order of dismissal from service, he may be reinstated in service with all consequential benefits as he has not been in gainful employment after his dismissal from service."
2.
At the outset, the learned counsel for the petitioner submits by referring to paragraph no.15 of the present writ petition that the petitioner has filed a revision petition on 24.11.2023, however, the same is not being disposed off, hence the concerned authority be directed to dispose off the same, within a stipulated time frame.
3.
The learned counsel for the respondent-State submits that in case the aforesaid revision petition is still pending, the same would definitely be disposed off, within a stipulated time frame, as directed by this Court. 4.
Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the concerned authority to dispose off the aforesaid revision petition, filed by the petitioner on 24.11.2023, in case the same has not yet been
Patna High Court CWJC No.1539 of 2024(2) dt.29-02-2024 3/3 disposed off, by passing a reasoned and a speaking order in accordance with law, within a period of six weeks of receipt/production of a copy of this order.
5.
The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) kanchan/- U