Patna High CourtCWJC/9485/2017allowed

Rama Kant Singh v. The State Of Bihar And ORS

2018-04-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9485 of 2017 ====================================================== Rama Kant Singh, Son of Late Kapildeo Singh, resident of Jawahar Nagar, South of New Bailey Road, P.s.-Danapur, District-Patna. ... ... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

3. The Commissioner and Secretary, Department of Finance, Govt. of Bihar, Patna.

4. Additional Secretary, General Administration Department, Govt. of Bihar, Patna.

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

For the Petitioner/s :

Mr. Abhay Kumar Singh For the Respondent/s :

Mr. Md.Nashrul Hoda Khan-Sc1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-04-2018 The petitioner has sought quashing of the order dated 26.12.2016 passed by the Principal Secretary, General Administration Department.

The short point raised by the learned counsel for the petitioner is that though this Court by an order dated 22.09.2016 passed in C.W.J.C. No. 12371 of 2013 had specifically directed the authorities to hear the petitioner and pass a reasoned order, as has also been recorded in the impugned order dated 26.12.2016, but still the petitioner has not been given an opportunity of hearing, hence, the same amounts to violation of the order of this Court.

The learned counsel for the Respondents has not been

Patna High Court CWJC No.9485 of 2017(2) dt.12-04-2018 2/2 able to controvert the aforesaid position.

In view of the fact that the impugned order dated 26.12.2016 has been admittedly passed without granting any opportunity of hearing to the petitioner herein, as directed by this Court by an order dated 22.09.2016, hence the impugned order dated 26.12.2016 is quashed, especially, since the same is in the teeth of the order dated 22.09.2016 passed by this Court. The concerned authority is directed to grant an opportunity of hearing to the petitioner and pass a reasoned and speaking order within a period of six weeks from today.

The writ petition is allowed.

(Mohit Kumar Shah, J) ajay gupta/- U