Md. Rahmatullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6387 of 2021 ====================================================== Md. Rahmatullah Son of Late Abdul Rasheed Resident of Diwan Mohalla, Dulli Ghat, P.S.- Khajekala, District- Patna, Currently posted as Clerk, Civil Court Naugachia, P.S.- Naugachia, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Finance Department, Government of Bihar, Old Secretariat, Bailey Road, Patna. 2.

The District Magistrate, Bhagalpur, District- Bhagalpur. 3.

The District Accounts Officer, Bhagalpur, District- Bhagalpur. 4.

The District and Sessions Judge, Civil Court, Bhagalpur. 5.

The Judge in charge, Civil Court, Naugachia, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Respondent/s :

Mr. Subhash Chandra Mishra, SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 04-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. Respondent No. 3 is present in the office of the learned counsel for the respondent.

3. On instruction, learned counsel for the respondent no. 3 submitted that petitioner is not entitled to relief sought in the present petition with reference to service records of the petitioner. In that event, necessary speaking order should have been passed as to why the petitioner is not entitled so as to enable him to challenge the speaking order, in rejecting the petitioner's claim. For these many days, 3rd respondent is sleeping over the right of

Patna High Court CWJC No.6387 of 2021 dt.04-01-2022 2/2 the petitioner in not deciding the petitioner's grievance. Therefore, two weeks time is granted to pass speaking order and communicate the same to the petitioner. If speaking order is not passed within aforesaid time limit, the 3rd respondent is liable to pay litigation cost @ Rs. 5,000/- to the petitioner.

4. With the aforesaid observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date Transmission Date