Ranjit Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15170 of 2014 ====================================================== Ranjit Prasad Singh S/o- Late Puran Prasad Singh, resident of village- Bania, P.S.- Rangra Chowk, P.O.- Bhawanipur, Via- Naugachia, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Special Secretary, Department of General Administration, Govt. of Bihar, Patna 3.

The Joint Secretary, Department of General Administration Govt. of Bihar, Patna 4.

The Divisional Commissioner-cum-Enquiry Officer, Magadh Range, Gaya 5.

The District Magistrate, Jehanabad 6.

The Dy. Development Commissioner-cum-Presenting Officer of Departmental Proceeding, Jehanabad 7.

The Secretary, Bihar Public Service Commission, Bailey Road, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shri Prakash Srivastava, Advocate For the Respondent/s :

Mr. Madhaw Prasad Yadaw, GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2024 Heard Mr. Shri Prakash Srivastava, learned counsel appearing on behalf of the petitioner and Mr. Madhaw Prasad Yadaw, learned GP-23 for the respondent/s.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:

" I. To issue a writ in the nature of certiorari for quashing of Resolution No. 17213 dated 04.11.2013, issued by the Respondent No. 3, by which the petitioner was inflicted punishment of stoppage of two increment with non cumulative effect.

II. To issue a writ in the nature of certiorari for quashing of Resolution No. 17213 dated 04.11.2013, by which the petitioner was granted punishment for stoppage of 2

Patna High Court CWJC No.15170 of 2014(3) dt.19-08-2024 2/2 increments with non cumulative effect.

III. To declare the proposed punishment dated 04.11.2013 was without any substantial basis & further without any material.

IV. Any other relief or reliefs in view of the fact that show cause filed by the petitioner was never considered in prospective manner and in conformity of his reply."

3. Considering the grievance of the petitioner and the fact that as on date, the petitioner having attained the age of superannuation, the only interference which calls for to be considered by this Court is to calculate the pensionary benefit of the petitioner in accordance with law.

4. Accordingly, I direct the respondent concerned to fix the pension of the petitioner in accordance with law.

5. With aforesaid observation/direction, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/- U