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Patna High CourtCWJC/13256/2014disposed

Ranjit Singh v. The State Of Bihar And ORS

2019-07-09Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13256 of 2014 ====================================================== Ranjit Singh son of Late Jangli Singh resident of village - Wazidpur, P.O. and P.S. Barh, District - Patna, at present residing at Mohalla - Harnichak, P.O. Anisabad, Police Station - Beur, District - Patna. ... ... Petitioner

Versus

1.

The State Of Bihar through Principal Secretary, Bhawan Nirman Dep0artment, Bisheshwaria Bhawan Patna 2.

The Superintending Engineer, Bhawan Circle, Purnea. 3.

The Executive Engineer, Bhawan Division, Kishanganj. 4.

The Accountant General, Bihar, Patna 5.

The Engineer in Chief Building Construction Department, Bihar Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Kumar Singh Mr. Abhay Kumar For the Respondent/s :

Mr.Syed Hussain Majeed, AC to SC 6 For Accountant General :

Mr. S.M.Ehtesham ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-07-2019 Petitioner's Counsel is permitted to implead Engineerin-Chief, Building Construction Department, Bihar, Patna as respondent No. 5 to the writ petition.

Petitioner's Counsel submits that the order dated 10.6.2014 which has been passed under Rule 43(a) and (b) of the Bihar Pension Rules is unsustainable since the same has been passed without affording the petitioner any opportunity of hearing. He submits that within four weeks he would be filing an appeal before the Engineer in Chief, Building Construction Department, Government of Bihar, the newly added respondent No. 5.

Patna High Court CWJC No.13256 of 2014(2) dt.09-07-2019 2/2 If such appeal is filed within four weeks from today, then without raising the issue of delay the Engineer-in-Chief, shall be obliged to pass order in accordance with in accordance with law, on the merit of the submissions made today and the grounds raised by him in the appeal.

Respondent No. 5 should dispose of the appeal by a reasoned and speaking order within a period of three weeks thereafter.

The writ petition stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U