Abhiram Trivedi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12229 of 2014 ====================================================== Abhiram Trivedi Son of Sri Ram Balak Trivedi Resident of village and P.O. Matlupur, P.S.- Piyar, District-Muzaffarpur, Senior Deputy Collector Waiting for posting General Administration Department, Government of Bihar, Patna. ... ... Petitioner

Versus

1.

The State Of Bihar through the chief Secretary , Government of Bihar, patna 2.

The Principal Secretary, Home Department, Government of Bihar, Patna. 3.

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

4.

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

5.

The Joint Secretary-cum-Director Administration, Home Jail Department, Government of Bihar, Patna.

6.

The District Magistrate, Vaishali at Hajipur, District- Vaishali at Hajipur. 7.

The Superintendent of Police, Vaishali at Hajipur, District- Vaishali at Hajipur, 8.

The Sub-Divisional Oficer, Hajipur, District - Vaishali at Hajipur, ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. SBK Manglam, Advocate For the State :

Mr. Kinkar Kumar, SC 9 and Mr. Yogesh Kumar, AC to SC 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-04-2019 Order of punishment dated 16.06.2014 awarding censure and withholding of three increments without cumulative effect is under challenge in the instant proceedings. The petitioner has alternative remedy of review by way of memorial made under Rule 24(2) of the Bihar CCA Rules, 2005. On being faced with such alternative remedy, Mr. Manglam submits that the petitioner would be submitting his memorial for consideration within a period of four weeks.

Patna High Court CWJC No.12229 of 2014(2) dt.01-04-2019 2/2 In the event, memorial is submitted before the respondent authorities within the aforesaid period, this Court would expect that the petitioner's plea that the Disciplinary Authority has not assigned any reason for its disagreement with the findings of the Enquiry Officer, will be looked into by the authorities. Apart from that it would be open for the petitioner to raise any other issues.

Claim of the petitioner should be considered expeditiously and without raising the issue of memorial being barred by delay.

The matter should be considered on its merit and disposed of by a reasoned and speaking order without any undue delay expeditiously and preferably within four months from the date of receipt/production of a copy of this order. Writ petition stands disposed of.

(Madhuresh Prasad, J) shashi U