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Patna High CourtMJC/879/2019disposed

Praduman Kumar Prasad v. The State Of Bihar And ORS

2025-04-10Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.879 of 2019 In Civil Writ Jurisdiction Case No.1088 of 2017 ====================================================== Praduman Kumar Prasad S/o Late Krishan Deo Prasad Resident of VillageMahammadpur,P.S. Patahi,Dist.-East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through Prem Singh Meena, the Secretary, SC/ST Welfare Department, Govt. of Bihar, Patna 2.

Sri Prem Singh Meena, the Secretary, SC/ST Welfare Department, Govt. of Bihar,Patna 3.

Sri Mithlesh Kumar, the Director, SC/ST Welfare Department, Govt. of Bihar, Patna 4.

Sri Ramchander Devre, The District Matistrate, Bettiah,West Champaran 5.

Dr. Meena Sinha, the Deputy Director, SC/ST Welfare Department, Govt. of Bihar, Patna 6.

Dr. Meena Sinha, the Deputy Director, SC/ST Welfare Department, Govt. of Bihar, Darhanga 7.

Sri Ashutosh Sharan, the District Welfare Officer,West Champaran, Bettiah ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr. Gyan Prakash Ojha (GA-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 10-04-2025 This contempt petition has been filed alleging violation of order dated 26.06.2018, passed in C.W.J.C. No. 1088 of 2017, wherein, in paragraph no. 8, this Court had passed the following order:- "8. As both the sides have accepted that proceeding should be initiated from the stage of second show-cause, which has already been served upon him and reply of the same has already been filed by the petitioner. The

Patna High Court MJC No.879 of 2019(3) dt.10-04-2025 2/3 disciplinary authority without looking to the contents of approval or without being influenced by the approval of the appellate authority will decide the issue independently in accordance with law from the stage of second show-cause after examining the contents of reply of the second show-cause filed by the petitioner. If the disciplinary authority passes the order against the petitioner, he will be at liberty to exhaust the remedy as available to him."

2. Opposite parties nos. 2, 3 and 7 have filed a show cause, wherein in paragraph no. 7 it has been stated as under: "7. That in compliance of Hon'ble Court's order dated 26.06.2018, communicated to the Department along with representation filed by the petitioner on 19.07.2018, Disciplinary Authority, after thoroughly examining the contents of reply of the second show-cause filed by the petitioner, materials available on the record and considering all aspect of the matter, found the petitioner guilty of charges of fraudulent/illegal withdrawal of huge amount of Government money and vide Departmental order contained in Memo No. 1081 dated 16.04.2019 imposed major punishment of compulsory retirement from the service on the Petitioner following the procedure laid down under rule-14 (ix) of Bihar Government Servant CCA rules 2005 by applying the independent mind."

Patna High Court MJC No.879 of 2019(3) dt.10-04-2025 3/3

3. Copy of the order dated 16.04.2019, passed in compliance of the order passed in the writ petition has also been enclosed as Annexure- A to the show cause.

4. On perusal of the paragraph no. 7 of the show cause, I find that the order dated 26.06.218, passed in CWJC No. 1088 of 2017 has been complied with by the respondents.

5. In that view of the matter, the contempt petition stands closed and disposed off.

(Nani Tagia, J) Amrendra/- U