Poonam Kumari, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1617 of 2020 ====================================================== Poonam Kumari, Wife of Sudhir Kumar, Resident of New Colony, Chitragupt Nagar, Kankarbagh, P.S. Patrakarnagar, District-Patna-800020. ... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary-cum-Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Secondary Education, Government of Bihar, Patna. 4.

The Regional Deputy Director, Patna Division, Government of Bihar, Patna. 5.

The District Education Officer, Patna.

6.

Principal, Government Girls High School, Bankipur, Patna. 7.

The Accountant General, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kaushik, Adv.

For the State Mr. Prabhakar Jha, G.P.-27 For the Accountant General Mr. Arun Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 02-04-2024 Re: I.A. No. 01 of 2021

2. This interlocutory application has been filed for addition of the following relief in para-1 of the main writ petition:

I. For issuance of an order, direction or a writ of certiorari for quashing and setting aside the order contained in Memo No. 603 dated 13.04.2021 issued under the signature of respondent no. 4 whereby and whereunder the petitioner has been inflicted with the punishment

Patna High Court CWJC No.1617 of 2020 dt.02-04-2024 2/3 of withholding of 100% pension in purported exercise of powers under Rule 43 (b)/139 of the Bihar Pension Rules.

ii. For issuance of an order direction or an appropriate writ for staying the operation of the aforesaid order contained in Memo No. 603 dated 13.04.2021 during the pendency of the present writ application.

3. The present interlocutory application being formal in nature, is not opposed, hence is allowed. Re: C.W.J.C. No. 1617 of 2020

4. Heard learned counsel for the petitioner and learned counsel for the respondents.

5. This writ petition has been filed for quashing of the order dated 13.04.2021 bearing Memo No. 603 issued under the signature of the Regional Deputy Director, Patna Division, Government of Bihar, Patna by which the petitioner has been inflicted with the punishment of withholding of 100% pension in purported exercise of power under Rule 43(b)/139 of the Bihar Pension Rules.

6. At very outset, learned counsel for the petitioner submits that this writ petition is squarely covered with judgment dated 27.02.2024 passed in LPA No. 1219/2023 and analogous

Patna High Court CWJC No.1617 of 2020 dt.02-04-2024 3/3 case.

7. Considering the facts as available on record and the submissions of learned counsel for the parties, this writ petition is allowed, in view of the order dated 27.02.2024 passed in L.P.A. No. 1219 of 2023, setting aside the order dated 13.04.2021 passed by the Regional Deputy Director, Patna Division, Government of Bihar, Patna.

(Anjani Kumar Sharan, J) devendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.04.2024 Transmission Date NA