Dharnidhar Nagesh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16521 of 2013 ====================================================== Dharnidhar Nagesh Son of Late Triveni Pd. Deva, Resident of Mohalla Subash Nagar Beside Bishwakarma Mandir Dhaka Road, Chhatauni, P.S. Chhatauni, P.O. Motihari, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Motihari, East Champaran. 2.

The High Court of Judicature At Patna Through It'S Registrar General, Patna High Court, Patna 3.

The Civil Court of Judicature At Motihari, East Champaran Through The District and Sessions Judge, East Champaran at Motihari. 4.

The Civil Court of Judicature At Motihari, East Champaran Through Its Registrar, Civil Court Motihari, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Resp. No. 1 :

Mr. Dhirendra Kumar, AC to AAG-6 For the Resp. No. 2 :

Mr. Ashhar Mustafa, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2025

1. The petitioner has filed the instant writ application for the following reliefs :- "1. i) For issuance of a writ in the nature of certiorari for quashing the order dated 1.5.12 corresponding to memono.2436-38/E dated 1.5.12 passed in Departmental proceeding No.2/10 by the learned District & Sessions Judge East Champaran at Motihari as contained in annexure-13 whereby and where under 10% of the basic pension and other allowance including the salary for the period of suspension except subsistence allowance are permanently with held of the petitioner.

ii) For issuance of a writ in the nature

Patna High Court CWJC No.16521 of 2013(7) dt.02-09-2025 2/2 of certiorari for quashing of the letter no.5885/Administration Misc. dated 25/27.4.13 issued under the signature of Registrar (Administration) Patna High Court addressed to the District & Sessions Judge Motihari, East Champaran as contained in annexure-14 whereby and where under the memorandum of appeal (Service Appeal of the petitioner) dated 26.5.12 has been dismissed which was filed Passed against the order of punishment dated 1.5.12 passed in departmental proceeding no.2/10.

iii) For issuance of a writ in the nature of Mandamus directing and commanding the respondents to release/make payment 10% of basic pension and other allowance including the salary of suspension period as well as other benefits to the petitioner with suitable interest on the due amount payable to the petitioner.

iv) To grant any other relief or reliefs for which the petitioner is entitled from the facts and circumstances of the case."

2. Mr. Vijay Shankar Shrivastava, learned counsel for the petitioner seeks permission to withdraw this application.

3. The application is dismissed as withdrawn. (Partha Sarthy, J) avinash/- U