Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4932 of 2024 ====================================================== Sujeet Kumar son of Birendra Kumar Gupta, resident of Village-Raghopur, Railway Gumti, P.O.-Bakhtiyarpur, P.S. Bakhtiyarpur, District-Patna, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

2.

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

3.

The Principal Secretary General Administrative Department, Bihar, Patna. 4.

The District Magistrate, Patna.

5.

The Deputy Collector Land Reforms, Danapur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prince Kumar Mishra, Adv.

For the Respondent/s :

Mr.Additional Advocate General 09 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For issuance of writ in the nature of mandamus directing and commanding upon the respondent authorities to allow the petitioner to join on the post of Executive Assistant in terms of Rule 9(3)(i) of Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (hereinafter referred as "CCA Rules"), as petitioner has been released from Jail on 10/01/2024, after obtaining bail and still, he is not being allowed to join the post.

(ii) For issuance of writ in the nature of

Patna High Court CWJC No.4932 of 2024(2) dt.04-04-2024 2/3 Certiorari, quashing the order contained in Memo No. 3348 dated 03/10/2023, issued by District Magistrate, Patna, whereby and whereunder, it has been stated that since petitioner has been sent to jail in connection with Danapur P.S. Case No. 1258/2023 on 21/09/2023, therefore, petitioner is relieved from work till further orders and thereafter, petitioner has been asked to submit his show cause within 24 hours.

(iii) For issuance of writ in the nature of mandamus directing and commanding upon the respondent authorities allow the petitioner to join on his post in terms of Rule 9(3)(i) of Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, without any further delay and also pay the arrears of salary."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Patna, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate representation is filed by the petitioner, before the District Magistrate, Patna, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of six weeks, thereafter.

Patna High Court CWJC No.4932 of 2024(2) dt.04-04-2024 3/3

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

(Mohit Kumar Shah, J) sonal/- U