Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2934 of 2023 ====================================================== Mukesh Kumar, Son of Sri Ajay Kumar Jha, resident of Village - Shankarpur, Bakhadda, P.S. - Matihani, District - Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Education, Bihar, Patna.

2.

The Director, Education Department, Bihar, Patna. 3.

The Regional Deputy Director of Education, Munger Division Munger. 4.

The District Magistrate, Begusarai.

5.

The District Education Officer, Begusarai.

6.

The District Education Officer, Lakhisarai -cum-enquiry Officer. 7.

The District Programme Officer (Establishment), Department of Education, Begusarai-cum-Presenting Officer.

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

For the Petitioner/s :

Mr.Indu Bhushan, Advocate For the Respondent/s :

Mr.Prabhakar Jha, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-07-2023 The writ petition has been filed for the following relief/s:- "(i) For issuance of an appropriate writ in the nature of certiorari for quashing the impugned order of penalty of dismissal from service from the post of Peon issued vide Memo No.1010 dated 02.08.2018 (contained in Annexure-9) issued by under the signature of Respondent No.3 on the very ground that departmental proceeding against the petitioner is violative of Rule 17 of the Bihar CCA Rules, 2005.

(ii) For issuance of an appropriate writ in the nature of certiorari for quashing the Prapatra-K (Memo of Charge) issued vide Memo No. 1280 dated 29.11.2013

Patna High Court CWJC No.2934 of 2023(2) dt.20-07-2023 2/2 (contained in Annexure-2) issued by under the signature of the District Education Officer, Beguasrai on the very ground that Prapatra-K (Memo of Charge) is violative of Rule 17 (3)(ii)(b) of the Bihar C.C.A. Rules, 2005.

(iii) For issuance of an appropriate writ in the nature of Mandamus commanding the responsible respondents for a direction to pay the subsistence allowance and full salary for the period of suspension and also other consequential benefits for which the petitioner is found entitled to."

2. Learned counsel for the petitioner submits that he would be availing the remedy of appeal against the order dated 02.08.2018.

3. Without expressing any opinion on the merits of such submission, writ application is dismissed with liberty. (Madhuresh Prasad, J) shashank/- U