Ranjan Kumar Ratnakar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13689 of 2014 ====================================================== Ranjan Kumar Ratnakar Son of Sri Sahdeo Prasad resident of VillageVhadasy, Police Station and District- Arwal at present- Functioning on the post of Programme Officer in Rangra Chowk Parkhand, Police StationRangra Chowk, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Secretary Department of Rural and Development, Government of Bihar, Patna.

3.

The District Magistrate, Bhagalpur.

4.

The Dy. Development Commissioner, Bhagalpur.

5.

The Senior Dy. Collector, I/c., Rangra Chowk Block, Bhagalpur. 6.

The Director, District Rural Development Agency, Bhagalpur. 7.

Block Development Officer, Rangra Chowk Block, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Shekhar For the Respondent/s :

Mr.Ranjan Kumar, AC to GA 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-07-2019 Heard counsel for the petitioner and counsel for the respondents-State.

It is submitted by counsel for the petitioner that placing reliance on averments in I.A. no.9145/2018 that the petitioner has been acquitted in respect of criminal charge which forms basis of cancellation of his contractual service by the authorities, and he should thus be permitted to rejoin. Acquittal by the criminal court is on the same charge and on the basis of same evidence and therefore, in the opinion

Patna High Court CWJC No.13689 of 2014(2) dt.23-07-2019 2/2 of this court acquittal of the petitioner in the criminal case under order dated 03.11.2017 passed in GR case no. 1146/2013 arising out of Tr. no. 815/2017 by Addl. Chief Judicial Magistrate II, Naugachia would absolve him of the stigma arising out of allegations which are common.

Having regard to petitioner's acquittal in the same allegation by a criminal court of competent jurisdiction, this court would observe that claim of the petitioner for contractual appointment in any future vacancy may be considered by the authorities since no stigma can now be attached with the petitioner in respect of said charge.

Writ petition stands dismissed.

(Madhuresh Prasad, J) s.hassan/- U