Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1862 of 2022 ====================================================== Ranjeet Kumar, aged about 35 years (Male) Son of Birendar Ram Resident of- 25 Road No. 16 Gardanibagh, Police Station- Gardanibagh, DistrictPatna. ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Principal Secretary, Disaster Management Department, Government of Bihar, Patna.

3.

The Joint Secretary, Disaster Management Department, Government of Bihar, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Dhirendra Kumar Jha, Adv.

For the State :

Mr. Sajid Salim Khan , SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-11-2022 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing.

2. Learned counsel for the petitioner submits that under Rule 28 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (for brevity 'the CCA Rules, 2005'), he has filed a Revision application. The copy of the same has been enclosed as Annexure-6. The hand scribed receiving in the left margin shows the same to be received on 15-01-2018. It is his submission that apart from the petitioner's assail to the order on merits, quantum of punishment is another issue, which would be required to be considered by the Revisional Authority even if the findings, as contained in the impugned order dated 20-02-2017, are not interfered with.

Patna High Court CWJC No.1862 of 2022(3) dt.18-11-2022 2/2 It is further submitted that the Authority may be directed to dispose of the petitioner's Revision Application.

3. Learned State counsel has appeared through virtual mode. He has not opposed the petitioner's prayer for disposal of his Revision application. However, he has submitted that since the issue is yet to be decided, the Authority should be at liberty to consider all issues, in accordance with law.

4. Considering the rival submission, this Court would direct the Principal Secretary, Disaster Management Department, Govt. of Bihar, Patna (Respondent No.2) to take a final decision on the petitioner's Revision application (Annexure-6) by a reasoned and speaking order, in accordance with law. The submissions of the parties, taken note of above, may not be considered as an expression of any opinion of this Court either way.

5. Let the Revision petition filed by the petitioner be disposed of within a period of three (03) months from the date of receipt/production of a copy of this order. (Madhuresh Prasad, J) shyambihari/- U