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Patna High CourtCWJC/3707/2025disposed

Prabhat Ranjan v. The State Of Bihar

2025-03-03Mr. Justice Arvind Singh Chandel3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3707 of 2025 ====================================================== Prabhat Ranjan S/o Late Vishwanath Prasad R/o Vill-Rajpur, BlockKalyanpur P. S. Kesariya, Ward 08, Dist.-East Champaran, Bihar-845432 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Rural Works Department. 2.

The Secretary Cum Authorized Officer, Bihar Rural Road Development Authority (BRRDA), Rural Works Department, Government of Bihar, Patna.

3.

The Executive Engineer, Chakiya Work Division, Rural Works Department, District-East Champaran.

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

For the Petitioner/s :

Mr. Dhananjay Kumar, Adv.

Mr. Ibrat Adnan, Adv.

For the Respondent/s :

Mr. Mahtab Alam, AC to SC-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner and learned counsel for the respondents-State.

2. This petition has been preferred by the petitioner seeking following reliefs;

"i. For issuance of an appropriate writ in the nature of mandamus for giving joining to the petitioner on the post of Assistant Account Manager under Bihar Rural Road Development Authority (BRRDA), Rural Works Department, Government of Bihar, Patna.

ii. For any other relief as your lordship deem it fit in the fact and circumstances of the case."

3. The brief facts of the case is that the petitioner was appointed on the post of Assistant Account Manager vide selection letter dated 26.08.2015 on contractual basis under the Bihar Rural Road Development Authority

Patna High Court CWJC No.3707 of 2025(2) dt.03-03-2025 2/3 (BRRDA), Rural Works Department, Government of Bihar, Patna on 01.09.2015. Accordingly, he joined his services and since then he started working there till 06.09.2020. Meanwhile, on the basis of a report made by his wife, the petitioner has been taken into custody on 06.09.2020 and he remained in custody till 11.11.2022. After his release from custody, he submitted his joining in the department on 21.12.2022 but the same was not accepted by the respondents and he was not allowed to perform his duties on his post. Hence, this petition.

4. Learned counsel for the petitioner submits that since the petitioner was working in the department since 01.09.2015 and remained on his post till 06.09.2020 and neither any show cause was asked to him nor his services were terminated, therefore, his joining ought to have been accepted by the respondents. He further submits that in this regard the petitioner continuously made representations before the respondent firstly vide Annexure-P-3 dated 21.12.2022 and subsequently vide Anenxure-P-5 dated 18.12.2024 but no decision has been taken by the respondents as yet.

5. On the other hand, learned counsel for the

Patna High Court CWJC No.3707 of 2025(2) dt.03-03-2025 3/3 respondents does not oppose the submission advanced by the learned counsel for the petitioner.

6. Taking into consideration the submission putforth by the learned counsel for the petitioner and taking into consideration the fact that the representations of the petitioner are pending consideration before the respondent authority as yet, it would be appropriate to dispose of this petition at this stage itself directing the respondent No.2/The Secretary -cum- Authorized Officer, Bihar Rural Road Development Authority (BRRDA), Rural Works Department, Government of Bihar, Patna to consider the representations of the petitioner I.e. Annexure-P/3 and Annexure-P/5 and pass a reasoned order in accordance with the relevant Rules and law preferably within a period of 60 days from the date of receipt of a copy of the order of this Court.

7. Accordingly, with the aforesaid observation and direction, the writ petition stands disposed of. (Arvind Singh Chandel , J) brajesh/- U