Tarkeshwar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4723 of 2020 ====================================================== Tarkeshwar Mishra son of Devraj Mishra resident of Village- Dafarpur, P.O. and Police Station- Doriganj, District- Saran (Chapra), at present resident of Village- Sandha Dhala Khemji Tola, P.O. Sarha, Police Station- Chapra Muffasil, District- Saran (Chapra).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, General Administration Department, Government of Bihar, Patna.

2.

The Deputy Secretary, General Administration Department, Government of Bihar, Patna.

3.

The Collector, Saran at Chapra.

4.

The Deputy Collector (Establishment), Saran at Chapra. 5.

The District Supply Officer, Saran at Chapra. 6.

The Conducting Officer-cum- District Panchayat Raj Officer, Saran at Chapra.

7.

The Block Development Officer, Garkha Block, District- Saran (Chapra). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bashishtha Narayan Mishra, Adv.

For the Respondent/s :

Mr.Md. N.H. Khan (SC1) :

Mr.Md. Fazle Karim, AC to SC1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-03-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for seeking direction to the respondents to grant two ACPs which is due to the petitioner since 2009.

3. Counsel for the petitioner submits that the petitioner was initially subject to departmental proceeding in which he has been exonerated and as such, according to him, he

Patna High Court CWJC No.4723 of 2020(2) dt.28-03-2024 2/2 become entitled for his benefits of ACP.

4. Counsel further submits that he has filed his representation before the District Magistrate, Saran at Chapra, but no decision has been taken at his level till date.

5. As such, Counsel for the State submits that he may be directed to file fresh representation before the District Magistrate for his grievances.

6. In this view of the matter, the present writ application is hereby disposed off, directing the petitioner to file a fresh representation before the District Magistrate, Saran at Chapra within 30 days, raising his grievances of ACPs and the District Magistrate, Saran at Chapra is directed to provide his ACP/MACP, if petitioner found entitled for the same, within 90 days thereafter. Since general election of Lok Sabha, 2024 has been notified, therefore, 90 days shall be counted after end of the election.

(Dr. Anshuman, J.) Prakashmani/- U