Rajbardhan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5322 of 2024 ====================================================== Rajbardhan Gupta Son of Sri Janardan Prasad Resident of Lodi Katra, Near Gulam Peer Ki Masjid, P.S.-Khajekala, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Revenue and Land Reforms Department, Government of Bihar, Patna.

2.

The Additional Chief Secrerary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Director, Land Acquisition-Cum-Special Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 4.

The Joint Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

5.

The Special Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

6.

The Joint Director, Secretariat Calculation, Revenue and Land Reforms Department, Bihar, Patna.

7.

The Divisional Commissioner, Magadh Division, Gaya. 8.

The Commissioner, Patna Division, Patna.

9.

The District Magistrate, Nalanda.

10.

The Enquiry Officer-Cum-Aditional Collector, Nalanda. 11.

The Presenting Officer-Cum-Deputy Collector Land Reforms, Hilsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar, Adv.

For the Respondent/s :

Mr. Ramadhar Singh, GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-04-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For setting aside the Enquiry Report dated 19.12.2022 submitted in Departmental Proceeding No. 01/2017- 18 whereby the charges against the Petitioner was prima facie found to be proved without there being examination /

Patna High Court CWJC No.5322 of 2024(2) dt.18-04-2024 2/3 recording of oral testimony and merely on the basis of First Information Report in gross violation of Rule 17 of the CCA Rule 2005 as well as in violation of Principle of natural justice. (ii). For setting aside the Order as contained in Memo No. 2170 dated 19.12.2023 passed by the Director, Land Acquisition- Cum- Special Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna, whereby the Petitioner has been dismissed from service in gross violation of Principle of Natural Justice as also in gross abrasion of Rule 17 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005.

(iii). The Petitioner further prays that after setting aside the Enquiry Report, the order of dismissal from service, as well as the order passed in the memorial, he may be reinstated in service with all consequential benefits as he has not been in gainful employment after his dismissal from service."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna, to dispose off the review petition, filed by him, on 2.1.2024, against the order dated 19.12.2023, passed by the Director, Land Acquisition-cum-Special Secretary, Revenue and Land Reforms

Patna High Court CWJC No.5322 of 2024(2) dt.18-04-2024 3/3 Department, Government of Bihar, Patna, whereby and whereunder the petitioner has been dismissed from service. 3.

The learned counsel for the Respondents submits that the aforesaid review petition, filed by the petitioner, would definitely be disposed off within a stipulated time frame. 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna, to dispose off the aforesaid review petition, filed by the petitioner, by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks of receipt / production of a copy of this order.

5.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U