Meena Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.513 of 2019 ====================================================== Meena Kumari Wife of Late Dr. Chandeshwar Mishra Resident of VillageRashalpur Syed Sallim,P.O. Bhikhampur Kothi,P.Sd. Ahiyapur, Distt.- Muzaffarpur ... ... Petitioner

Versus

1.

The State Of Bihar through Chief Secretary, Govt. of Bihar Patna 2.

The Principal Secreatry,Department of homePrison Govt. of Bihar,Patna 3.

The Inspector General of prisons,Bihar,Patna 4.

The Superintendent Central Jail,Bhagalpur,Distt.-Bhagalpur 5.

The Accountant General A and E II,Bihar,Beerchand Patel Path, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Siya Ram Sahi Ms. Shally Kumari For the Respondent/s :

Mr.Md.Nadim Seraj -Gp5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-08-2019 A unique case has come up before this Court today. Husband of the petitioner was visited with a punishment on allegation of having regularised 38 persons as warders contrary to law.

The persons who had been regularised and beneficiaries of the alleged misdeeds of the petitioner's husband, have finally been held to be properly regularised and this Court in the proceedings arising out of CWJC No. 16376 of 2011 has held those persons to be regularised in service from 16.1.1994 i.e. the date on which petitioner's husband had regularised them. Regularisation by the husband of the

Patna High Court CWJC No.513 of 2019(2) dt.08-08-2019 2/2 petitioner has thereafter been accepted by respondent authorities themselves by order dated 5.2.2018 issued by Home Department (Prison) which is Annexure 16 to the instant writ petition.

The petitioner now prays that in view of regularisation of beneficiaries having been accepted by the respondent authorities as being in accordance with law, the stigma on petitioner's husband should be treated as washed off by the respondents, as the allegation against him was only in respect of regularisation of the said persons. The petitioner in order to redeem the honour of her husband has approached the respondent authorities by representations which are Annexures 17 and 18 to the writ petition.

Since the petitioner does not seek anything other than redeeming her husband from stigma, the authorities should take a decision on the same having regard to the facts stated herein above.

Let respondent No. 2 take a decision on petitioner's representation and communicate the decision in this respect within three months from the date of receipt/production of a copy of this order.

The writ petition stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U