Baleshwar Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19317 of 2014 ====================================================== Baleshwar Paswan Son of Sri Bhago Paswan Resident of Village - Mayee, Post- Murgiachak, P.S.- Harnaut, District -Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Commissioner, Patna Division, Patna 3.

The District Magistrate, Nalanda 4.

The Additional District Magistrate Establishment Nalanda 5.

The Deputy Collector Land Reforms, Biharsharif, Nalanda 6.

The Block Development Officer, Noorsarai, Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajey Kumar, Advocate Mr. Nityanand Mishra, Advocate For the Respondent/s :

Mr. Prashant Pratap, GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-08-2023 1.

The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of a writ of Certiorari for quashing the order contained in Memo No. 1375, dated 09.10.2014 (Annexure-8), passed by the District Magistrate, Nalanda under Rule 14 of the Bihar Government Servants (Classification, Control and Appeal), Rules, 2005 by which petitioner has been inflicted punishment of stoppage of three increments with

Patna High Court CWJC No.19317 of 2014(2) dt.03-08-2023 2/3 cumulative effect in violation of principles of natural justice and also for issuance of an order/direction, directing / commanding the respondents to allow the petitioner consequential benefits in accordance with law, as if the impugned order has not been given effect and be further pleased to grant such other relief or reliefs for which petitioner is found entitled in the eyes of law."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate appeal under Rule 23 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 against the impugned order dated 09.10.2014 passed by the District Magistrate, Nalanda. Liberty, so sought, is granted. 3.

It is needless to state that in case appropriate appeal is filed within a period of four weeks from today, the same shall be heard on merits by the appellate authority and disposed of in accordance with law by passing a reasoned and

Patna High Court CWJC No.19317 of 2014(2) dt.03-08-2023 3/3 a speaking order within a period of eight weeks thereafter.

4.

The writ petition stands disposed of on the aforesaid terms.

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