Rajeshwar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6955 of 2016 ====================================================== Rajeshwar Prasad S/o Late Ramashary Ram, Resident of Village Bahri, P.O. Balbadh, P.S. Agiyam, Dist- Bhojpur, at present Resident of Dipnagar, Road No.5, East Side Bank Colony, Gulzarbagh, Patna, P.O.+P.S. Mehadiganj, DistPatna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, State of Bihar, Patna. 2.

The Bihar State Bevarages Corporation Ltd., through its Managing Director, Electric Building II 1st Floor, Jawahar Lal Nehru Marg, Patna-1 3.

The Managing Director, Bihar State Bevarages Corporation Ltd. Electric Building II 1st Floor, Jawahar Lal Nehru Marg Patna-1 4.

The Multi State Bhumi Vikas Bank Ltd., through its Managing Director, Budh Marg, Patna.

5.

The Managing Director, Multi State Bhumi Vikas Bank Ltd., Budh Marg, Patna.

6.

The Depot Manager, Foreign Liquor Depot, Sasaram Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinu Kumar, Advocate Ms. Ritika Rani, Advocate For the State :

Mr.Ajay Bihari Sinha- GA-8 Ms. Kalpana, Advocate For Bank :

Mr. Rajesh Kumar, Advocate Mr. Vikas Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-10-2023 1.

The present writ petition has been filed seeking the following reliefs:- "a. Certiorari for quashing the order dated

Patna High Court CWJC No.6955 of 2016(2) dt.13-10-2023 2/3 25.2.2016 passed by the Managing Director, Bihar State Beverage Corporation Limited as contained in Annexure-7 by which the deputation of the petitioner to the post of Assistant Accountant on contract basis has been terminated after noon of 27.2.2016.

b. Also for direction to the respondents to not give effect to the order dated 25.2.2016 in any manner against the petitioner.

c. Also for direction to the respondent to allow the petitioner to work as Assistant Accountant in the office of Depot Manager, Foreign Liquor Depot, Sasaram as usual and give other consequential benefit for which the petitioner. is entitled in the eye of law."

2.

At the outset, the learned counsel for the petitioner submits that since neither any opportunity has been granted to the petitioner to rebut the allegation of misappropriation, levelled against the petitioner nor in the impugned order dated 25.02.2026, there is any whisper about any evidence muchless any specific instance of the petitioner having engaged in misappropriation, nonetheless, his contractual service has been terminated upon completion of the contractual tenure, hence it be directed that any aspersion cast against the petitioner, in the impugned order dated 25.02.2016, issued by the Bihar State Beverages Corporation Ltd., shall not cast any stigma qua the

Patna High Court CWJC No.6955 of 2016(2) dt.13-10-2023 3/3 future career of the petitioner. It is directed, accordingly. 3.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) kanchan/- U