Sachhidanand Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 3987 of 2016 ====================================================== Sachhidanand Singh, S/o Late Ramita Singh, resident of village and P.O.- Majauna, P.S.- Dariyapur, District- Saran, at present posted at Dariyapur, P.S. of Halka No. 6, District- Saran ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Home Department, Bihar, Patna 2.

The Divisional Commissioner, Saran Division, Saran at Chapra 3.

The Collector, Saran at Chapra 4.

The Superintendent of Police, Saran at Chapra 5.

The Sub-Divisional Officer, Sub-Division, Sonepur, Saran 6.

The Deputy Superintendent of Police, Sonepur, Saran 7.

The Circle Officer, Dariyapur, Saran 8.

The Officer-in-Charge, Dariyapur Police Station, Saran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Manoj Kumar, Advocate For the Respondent/s :

Mr Hitesh Suman, AC to SC XIII ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and the respondent-State.

Learned counsel for the petitioner submits that the order passed by the Court of Commissioner, Saran Division, Chapra dated 05.05.2015 is not being carried out by granting the benefits of the same to the petitioner.

By the said order, the punishment, earlier granted to the petitioner, has been set aside and the appeal of the petitioner has been allowed by the Court of Commissioner granting him

Patna High Court CWJC No.3987 of 2016(2 ) dt.09-05-2019 2/2 the benefits of salary and other consequential benefits. Petitioner complains that the said order is not being complied with. He submits that he has also filed an application before the Commissioner, which has been sent by Registered Post on 20.07.2015.

Since the order of the Commissioner is to be complied, this Court would only observe that on the application dated 20.07.2015, filed by the petitioner, which is Annexure 10 to the writ petition, appropriate order should be passed by the Commissioner so as to ensure compliance of his own order dated 05.05.2015, if there is no other legal impediment in implementation of the said order.

With the aforesaid observations, writ petition is disposed of.

Divisional Commissioner (Respondent No 2) should take a final decision and communicate the same to the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order.

(Madhuresh Prasad, J) M.E.H./- U