Man Mohan @ Man Mohan Prasad v. Women Development Corporation,

lIN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4727 of 2022 ====================================================== Man Mohan @ Man Mohan Prasad Son of Sri Mohan Prasad Resident of Near D.A.V. Public School, Maurya Vihar, Kumhrar, P.S.-Agam Kuan, District-Patna-800026.

... ... Petitioner/s

Versus

1.

Women Development Corporation, Bihar, 2nd Floor, Indira Bhawan, Ram Charitra Singh Path, Patna-800001 through its Managing Director. 2.

The Managing Director, Women Development Corporation, Bihar, 2nd Floor, Indira Bhawan, Ram Charitra Singh Path, Patna-800001 3.

The Administrative Officer, Women Development Corporation, Bihar, 2nd Floor, Indira Bhawan, Ram Charitra Singh Path, Patna-800001 4.

The State of Bihar through the Principal Secrertary, Social Welfare Department, Government of Bihar, Patna.

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

For the Petitioner/s :

Mr.Pushkar Narain Shahi, Sr. Adv.

Ms.Deeksha Singh, Adv.

Mr.Deep Shekhar, Adv.

Mr.Raghendra, Adv.

Mr.Shivam, Adv.

For the Respondent/s :

Mr.Prasant Pratap, GP- 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2024

1. Though the present writ petition has been filed challenging the order of removal from service dated 31.01.2019, which had been passed after the petitioner was made an accused in connection with Hajipur Town P.S. No. 552 of 2018, however, it is stated by the learned senior counsel for the petitioner that since the petitioner has now stood acquitted of the said criminal case, by a judgment dated 19.07.2021, passed by the learned Exclusive Special Court, POCSO Act-cum-Children Court-cum-Additional District and Sessions Judge-VI, Vaishali at Hajipur, the respondents be directed to consider the said

Patna High Court CWJC No.4727 of 2022(2) dt.16-01-2024 2/2 aspect of the matter and reinstate the petitioner back in service.

2. Per contra, though it is the stand of the respondents that the petitioner was employed on contractual basis and the project for which he was employed has already stood completed, hence the petitioner has not been reinstated in service but it is not denied that in case the petitioner files a fresh representation before the Managing Director, Women Development Corporation, Bihar, Patna i.e. the respondent no. 2, his case would be considered, in accordance with law. It is directed accordingly.

3. It is needless to state that in case appropriate representation is filed by the petitioner, before the Managing Director, Women Development Corporation, Bihar, Patna i.e. the respondent no.2, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of six weeks, thereafter.

4. The petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U