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Patna High CourtCWJC/13458/2018disposed

Pankaj Kumar v. The State Of Bihar And ORS

2018-10-31Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13458 of 2018 ===========================================================

1. Pankaj Kumar, S/o Rudradeo Resident of Village- Chandrahiya, P.S.- Harsidhi District- East Champaran.

.... .... Petitioner/s

Versus

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

2. D.G. of Police Bihar, Patna.

3. S.P. East Champaran, Motihari.

4. S.P. Bagha.

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

For the Petitioner/s : Mr. Ebrahim Kabir, Advocate. For the State : Mr. Kumar Vikram, AC to GA4 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 31-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, the petitioner is challenging the initiation of departmental proceeding and also prayed for staying the final order.

As has been informed by learned counsel for the petitioner, during pendency of this writ petition, the petitioner has been dismissed from service vide order dated 9.10.2018 passed by the Superintendent of Police, East Champaran, Motihari and on that account finally the Superintendent of Police, Bagha has dismissed the petitioner from service.

Learned counsel for the petitioner submits that he will

Patna High Court CWJC No.13458 of 2018 dt.31-10-2018 file an appeal before the appellate authority. In such view of the matter, the petitioner will be at liberty to file an appeal before the appellate authority who will give an opportunity of personal hearing by his own appearance or through his lawyer. In that event the appellate authority will hear the case of the petitioner and pass a reasoned order in accordance with law.

Let photo copy of the order dated 9.10.2018 be kept on record.

With the aforesaid observations and directions this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date5.11.2018 Transmission Date NA