Gopi Nath Jha v. The State Of Bihar Through Collector Sitamarhi Namely Rajiv Raushan And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 1579 of 2017 Arising out of Civil Writ Jurisdiction Case No. 582 of 2009 ====================================================== Gopi Nath Jha Son of Late Chiranjeev Jha, Resident of Village- Dhankaul, P.S.-Piprahi, District- Sheohar.

... ... Petitioner/s

Versus

1.

The State of Bihar through Collector Sitamarhi Namely Rajiv Raushan. 2.

The Collector Sitamarhi (Disciplinary Authority) namely Rajiv Raushan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditya Nath Jha, Advocate For the State :

Mr. Sanjay Kumar Ghosarvey, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-10-2019 Heard learned counsel for the petitioner and learned AC to AAG 3 for the State.

2. On 20.09.2019, the Collector, Sitamarhi was present and had prayed to the Court that one opportunity be given showing compliance of the order dated 24.06.2011 passed in CWJC No. 582 of 2009.

3. In terms thereof, 2nd supplementary show cause has been filed on behalf of the District Magistrate, Sitamarhi bringing on record copy of order contained in Memo No. 996 dated 09.10.2019, by which order has been passed upholding the dismissal of the petitioner after comparing his case with three

Patna High Court MJC No.1579 of 2017 dt.21-10-2019 2/2 other persons, as was directed by the writ Court. Though, learned counsel for the petitioner tried to canvass that there is still discrimination in the punishment awarded, but in view of the order of the Court directing reconsideration and there being some reason given by the authorities for maintaining the order of dismissal against the petitioner, the Court in its present jurisdiction feels unable to go into that aspect.

4. In view thereof, the application stands disposed off.

5. However, it shall be open to the petitioner to move against the aforesaid order dated 09.10.2019, before the appropriate forum, in accordance with law.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T