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Patna High CourtCWJC/4469/2024disposed

Anarsi Chunihara v. The State Of Bihar

2024-10-28Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4469 of 2024 ====================================================== Anarsi Chunihara S/o Dhiro Das, resident of village- New Etwarpur, P.S. Parsa Bazar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Human Resource Development Department, Bihar, Patna.

2.

The Principal Secretary, Human Resource Development Department, Bihar, Patna.

3.

The Director (Administration) cum- Joint Secretary, Human Resource Development Department, Bihar, Patna.

4.

The Director (Administration) cum- Secretary, Secondary Primary and Adult Education Department, Bihar, Patna.

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

For the Petitioner :

Mr. Dewendra Narayan Singh, Advocate For the State :

Mr. Standing Counsel 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-10-2024 Heard learned counsels for the parties.

2. This writ application has been filed for the following relief/s:- "(I) For quashing the notification contained in memo no. 26 dated 22.01.2007 issued by the Govt. of Bihar Human Resource Development Department Bihar, whereby an order has been passed for withholding 2% of the pension payable to the petitioner in pursuance of a departmental proceeding.

(II) For further to quash the inquiry report submitted by the Inquiry Officer i.e. Managing Director, Bihar State Text Books Publishing Corporation Ltd. contained in letter no. 208/C dated 05.12.2005 which has been submitted in complete violation of the procedure

Patna High Court CWJC No.4469 of 2024(2) dt.28-10-2024 2/3 prescribed for holding inquiry.

(III) For further direction upon the respondent authorities to pay arrears of pension which remained due with State of Bihar due to the aforesaid order of punishment dated 22.01.2007 passed by the State of Bihar.

(IV) For any other relief or reliefs for which the petitioner is found entitled in the facts and circumstances of the case."

3. After some arguments, learned counsel appearing on behalf of the petitioners requests for disposal of the present writ application granting liberty to the petitioner to raise his grievances by filing representation before the Director (Administration)-cum-Joint Secretary Human Resource Development Department, Bihar, Patna (Respondent No. 3), along with all the necessary documents and details in support of his claim.

4. In view of the limited nature of prayer, this writ application is disposed of with liberty to the petitioner to file representation before the Director (Administration)-cum-Joint Secretary Human Resource Development Department, Bihar, Patna (Respondent No. 3) along with all the necessary documents and details in support of his claim within a period of six weeks from today.

5. In the event the petitioner files his representation

Patna High Court CWJC No.4469 of 2024(2) dt.28-10-2024 3/3 within the stipulated period, the Director (Administration)-cumJoint Secretary Human Resource Development Department, Bihar, Patna (Respondent No. 3) shall dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, as expeditiously as possible. (Prabhat Kumar Singh, J) shashank/- U