Uma Nath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3221 of 2024 ====================================================== Uma Nath Sah Son of Sri Ramashis Ram 178 Nath Bhawan, Devi Sthan, Garikhana, DRM Office Khagaul Road, P.O. and P.S. - Khagaul, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Public Health Engineering Department, Bisheshwaraiya Bhavan, Bailey Road, Patna. 2.

The Engineer In Chief Cum Special Secretary Public Health Engineering Department, Bisheshwaraiya Bhavan, Bailey Road, Patna. 3.

The Chief Engineer, Desing Cum Conducting Officer Public Health Engineering Department, Bisheshwaraiya Bhavan, Bailey Road, Patna 4.

The Additional Secretory Public Health Engineering Department, Bisheshwaraiya Bhavan, Bailey Road, Patna.

5.

The Joint Secretory Public Health Engineering Department, Bisheshwaraiya Bhavan, Bailey Road, Patna.

6.

The Regional Chief Engineer P.H.E.D, Patna Zone, Patna. 7.

The Superintending Engineer Public Health Engineering Ara Circle, Ara 8.

The Executive Engineer, Public Health Division, Arwal. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Anand, Advocate For the Respondent/s :

Mr.Government Pleader 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-03-2024 The present writ petition has been filed seeking the following relief:- "1. That by this writ application, the petitioner challenges disputes, the legality and validity of the punishment order contended in Memo No.- 1125 dated 11.07.2019 passed by the Joint Secretary, Public

Patna High Court CWJC No.3221 of 2024(2) dt.14-03-2024 2/3 Health Engineering Department, Bihar, Patna whereby and whereunder he has awarded with the punishment of stop the 4 annual increment with cumulative effects and also passed order of recovery by its letter No.-397 dated 12.07.2018, which is wholly illegal, arbitrary, malafide, unreasonable, unconstitutional, non-speaking and also non-consideration of reply of 2nd show-cause filed by the petitioner. Petitioner prays for issuance of an appropriate writ in the nature of writ of Certiorari to quash the said punishment order and further pray for issues of writ commanding the respondent to consider and grant all the consequential benefit of service."

2.

At the outset, the learned counsel for the petitioner has limited the prayer made by the petitioner in the present writ petition to issuance of a direction upon the appellate authority to dispose off the appeal filed by him vide letter dated 16.10.2019, within a stipulated time frame.

Patna High Court CWJC No.3221 of 2024(2) dt.14-03-2024 3/3 3.

The learned counsel for the respondentState submits that in case the aforesaid appeal is still pending consideration, the same would definitely be disposed off within a stipulated time frame, as is directed by this Court.

4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with a direction to the appellate authority to dispose off the aforesaid appeal filed by the petitioner in case the same has yet not been disposed off, by passing a reasoned and a speaking order within a period of four 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) S.Sb/- U