Umesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15226 of 2014 ====================================================== Umesh Kumar Son of Late Saudagar Singh Resident of Village and Post Office - Parasurampur, Police Station - Parsauni, District - Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Rural Works Department, Government of Bihar, Vishweshwaraiya Bhawan, Bailey Road, Patna 3.

The Joint Secretary, Rural Works Department, Government of Bihar, Vishweshwaraiya Bhawan, Bailey Road , Patna 4.

The Officer on Special Duty Rural Works Department, Government of Bihar, Vishweshwaraiya Bhawan, Bailey Road, Patna 5.

The Superintending Engineer, Quality Control, Rural Works Department, Government of Bihar, Patna.

6.

The Principal Secretary, Vigilance Department, Government of Bihar, Patna. 7.

The Under Secretary, Vigilance Department, Government of Bihar, Suchana Bhawan, Bailey Road, Patna.

8.

The Superintending Engineer, Technical Examination Cell, Vigilance Department, Government of Bihar, 9.

The Assistant Engineer, Technical Examination Cell, Vigilance Department, Government of Bihar, Barrack No. 3, Main Secretariat, Patna 10.

The Collector-cum- District Magistrate, Darbhanga. 11.

The Executive Engineer, Central Workshop, Rural Works Department, Government of Bihar, Darbhanga.

12.

The Executive Engineer, Work Division, Rural Works Department, Government of Bihar, Biraul, Darbhanga ... ... Respondent/s ====================================================== Appearance:

For the Petitioner/s :

Mr.Navendu Kumar, Advocate For the Respondent/s :

Mr. Anil Kumar, GP-23 Mr. Sanjay Kumar, AC to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-07-2023 The present writ petition has been filed seeking the following reliefs:- "1. (i) For quashing/ setting aside the

Patna High Court CWJC No.15226 of 2014(2) dt.13-07-2023 2/3 order passed by the District Magistrate, Darbhanga vide Letter No.-423/Ji.Vi. of District Development Section dated 08.05.2013 (Annexure 1 to this writ petition) and its consequential order, by which recovery of Rs. 24,483.75 (Rupees Twenty four Thousand Four Hundred Eighty three and Seventy five paise only) from the petitioner in equal proportion out of total recovery amount of Rs. 97,935.00 (Rupees Ninety seven Thousand Nine Hundred and Thirty five only) was directed, without any enquiry or show-cause notice, which was decided by the Vigilance Department in their inquiry without giving any opportunity to any of the concerned affected engineers to place their stand in their defense.

(ii) For quashing/ setting aside the Letter No. 3/ A.Pra. - 1-71/ 2013 1812 Anu./ Patna dated 09.05.2013 issued by the Rural Works Department, Patna (Annexure-2 to this writ petition), by which an explanation was sought from the petitioner regarding alleged

Patna High Court CWJC No.15226 of 2014(2) dt.13-07-2023 3/3 irregularities in view of Vigilance Department report dated 07.11.2012 after constituting a "Prapatra-Ka"

against the petitioner."

At the outset, the learned counsel for the petitioner seeks to withdraw the present writ petition with liberty to the petitioner to move the respondent authorities for redressal of his subsisting grievances.

Liberty so sought is granted.

The writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U