Patna High CourtCWJC/4965/2015withdrawn

Smt. Jay Shree Thakur v. The State Of Bihar And ORS

2015-07-24Mr. Justice Mihir Kumar Jha2 pages

Patna High Court CWJC No.4965 of 2015 (4) dt.24-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4965 of 2015 ====================================================== Smt. Jay Shree Thakur wife of Dr. Rajesh Kumar Chaudhary, Resident of village- Maniari, P.S. - Majorgarh , District - Sitamarhi, Presently Residing at 404, Sundaram Apartment Tilkamanjhi , District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary to the Govt. of Bihar.

2. The Principal Secretary, General Administration Department , Government of Bihar, Patna.

3. The Commissioner, Bhagalpur, District- Bhagalpur.

4. The District Magistrate, Bhagalpur.

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

For the Petitioner/s : Mr. Dwivedy Surendra For the Respondent/s : Mr. A. Ujjwal, SC25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 24-07-2015 After some arguments, learned counsel for the petitioner seeks permission of this Court to withdraw this application wherein the petitioner has prayed for following reliefs :- "(i) To quash the order of suspension contained as memo no.

2/Aarop-01-53/13-Sa.Pr.-20119/Patna dated 22.07.2013 by which the petitioner has been suspended with immediate effect.

(ii) Respondent authorities be directed to reinstate the petitioner in her services with all consequential benefits. This application is, accordingly, dismissed as withdrawn but, it is made clear that the petitioner will have now no liberty to move this Court again for the same cause of action raised herein,

Patna High Court CWJC No.4965 of 2015 (4) dt.24-07-2015 inasmuch as, not only the departmental enquiry vide a memo of charge dated 08.01.2014 against her is continuing but even the criminal case being Aarthik Apradh Thana Case No. 20 of 2013 of amassing huge assets beyond her known sources of income is also pending and her such suspension is in terms of Rule 9(1) (c) of Bihar Government Servant (Classification Control and Appeal) Rules 2005 till the conclusion of aforesaid criminal case. (Mihir Kumar Jha, J) Rishi/- U