Dinesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8390 of 2018 ====================================================== Dinesh Kumar son of F.C. Prasad, resident of Block-Yamuna-4, Flat No. 503, Jalalpur City, Ram Jaypal Path, P.S. Danapur, District-Patna at present posted as District Land Acquisition Officer, Khagaria P.S. and District-Khagaria ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, General Administration Department, Patna, Bihar

2. The Principal Secretary, Rural Development Department, Bihar, Patna

3. The Deputy Secretary, General Administration Department, Patna, Bihar

4. The District Magistrate, West Champaran, Bettiah

5. The Director, Lekha Prashashan Ewam Swa Niyojan, Zila Gramin Vikash Abhikaran, West Champaran, Bettiah

6. The Deputy Development Commissioner, West Champaran, Bettiah

7. Mukhiya, Gram Panchayat Raj, Dhokraha, Block-Manjhaulia, DistrictWest Champaran, Bettiah

8. the Under Secretary Lokayukt Office, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Siya Ram Shahi Mr. Indu Bhushan For the Respondent/s :

Mr. Sheo Shankar Prasad- Sc8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-05-2018 Considering the arguments advanced by the learned counsel for the petitioner as well as the State as also the lengthy order passed by the learned Lokayukt, Bihar, Patna dated 19.01.2018, this Court is of the opinion that the petitioner should approach the learned Lokayukt, Bihar, Patna for the purposes of being granted an opportunity of hearing as also a chance to place his side of the case, especially in view of the submission of the learned counsel for the petitioner that while passing the impugned order dated 19.01.2018, the petitioner was not granted any opportunity to defend himself.

Patna High Court CWJC No.8390 of 2018(2) dt.04-05-2018 2/2 Accordingly, the present writ petition is disposed of as withdrawn with liberty to the petitioner to approach the learned Lokayukt, Bihar, Patna on the next date fixed i.e. on 21.05.2018 and file his written statement in his defence as also appear in person alongwith his advocate, if so engaged by him, for the purposes of putting forth this case, limited to the issue of the validity of initiation of enquiry, as against the petitioner herein. It is needless to state that the learned Lokayukt, Bihar, Patna, without being prejudiced or biased by the findings recorded in the impugned order dated 19.01.2018, would consider the submissions made by the petitioner herein, before proceeding with the proposed inquiry, in order to appreciate and finally come to a finding as to whether the inquiry is necessary or not.

It is made clear that this Court has not expressed any opinion on the merits of the case.

The writ petition is disposed of as withdrawn in the aforesaid terms.

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