Radhey Shyam Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10944 of 2017 ======================================================

1. Radhey Shyam Sharma, Son of Late Idradeo Singh, Resident of VillageUrbishunpur, P.S.- Alipur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Agriculture Department, Government of Bihar, Patna.

2. Agriculture Director, Bihar, Patna.

3. District Agriculture Officer, Patna, Bihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinu Kumar, advocate For the Respondent/s : Mr. Chitranjan Sinha, AAG 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-09-2017 Heard both sides.

The petitioner has filed this writ petition for quashing the order dated 31.03.2017, as contained in memo No. 199, by which the petitioner has been put under suspension for causing loss of Rs. 1,30, 43, 663/- to the department by keeping the paddy improperly.

The learned counsel for the petitioner drew the attention of this court to Annexure-8 and also to the report of Additional District Magistrate (supply), Patna to submit that after purchasing the paddy the same was kept in open sky. The petitioner is not at all on fault for destruction of paddy and the paddy has been auction sold but I do not find any force in the

Patna High Court CWJC No.10944 of 2017 (2) dt.07-09-2017 2/2 submission of learned counsel for the petitioner on a simple ground that the same can be considered during the departmental proceeding. Allegedly, due to negligence of petitioner, loss of Rs. 1, 30, 43,663/- was caused to the department. Thus, I do not find any illegality in the order of suspension. This writ petition is, accordingly, dismissed.

The respondents shall conclude the departmental proceeding expeditiously.

(Prabhat Kumar Jha, J) BKS/- U