Priyanka Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5646 of 2020 ====================================================== Priyanka Gupta D/o Late Shiv Shankar Prasad R/o- Shanti Niwas, Indira Chowk Road, P.S.- Nawadah, District- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.

2.

The Principal Secretary Urban Development and Housing Department, Govt. of Bihar, Patna.

3.

The Special Secretary Urban Development and Housing Department, Govt. of Bihar, Patna.

4.

The Addl. Secretary cum Deputy Director Urban Development and Housing Department, Govt. of Bihar, Patna.

5.

The District Magistrate Nalanda.

6.

The Addl. Collector Hilsa at Nalanda.

7.

The Deputy Collector Land Reforms Hilsa at Nalanda. 8.

The District Auditor Officer Hilsa at Nalanda. 9.

Mr. Sandeep Kumar Son of not known, presently posted as Executive Officer, Nagar Parishad, Hilsa.

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

For the Petitioner/s :

Mr. Siddhartha Prasad, Advocate For the Respondent/s :

Mr. P.K. Verma, AAG-3 Mr. Saroj Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard both parties.

The following reliefs have been sought for on behalf of the petitioner in the present writ application :

Patna High Court CWJC No.5646 of 2020(5) dt.09-10-2020 2/3 1(i) For issuance of a writ in the nature of certiorari for quashing the notification dated 25.03.2020 issued by the Special Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna whereby and whereunder the petitioner has been suspended under the provisions of Bihar CCA Rules, 2005 in contemplation of departmental proceeding for charges mentioned in letter no.6081 dated 17.09.2019 of the District Magistrate, Nalanda.

(ii) For issuance of appropriate writ(s)/order(s)/direction(s) commanding the respondents to post the petitioner as Chief Executive Officer, Nagar Parishad, Hilsa forthwith after quashing of the suspension order of the petitioner.

On behalf of the State, Mr. P.K. Verma, Additional Advocate General No.III, submits that suspension of the petitioner has already been revoked by Notification No.258 dated 06.08.2020. Hence, the reliefs sought for on behalf of the petitioner have already been redressed and no further order is required to be passed in the present writ application. On behalf of the petitioner, it has been submitted that the petitioner may be given liberty for making a representation in respect of her posting.

Patna High Court CWJC No.5646 of 2020(5) dt.09-10-2020 3/3 If so advised, the petitioner may make a representation before the competent authority for her posting. With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U