Ram Kishun Dharkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9799 of 2021 ====================================================== Ram Kishun Dharkar Son of Late Janak Dharkar, Resident of Village - Baghmara, Post - Bela Rikabganj, P.S. K. Nagar, District - Purnia. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary (Home Police) Govt. of Bihar, Patna.

2.

The District Magistrate cum Collector, Purnia. 3.

Deputy Development Commissioner, Purnia.

4.

Superintendent of Police, Purnia.

5.

Sub-divisional Officer, Sadar, Purnia.

6.

Sub-divisional Officer, Baisi, District - Purnia. 7.

D.C.L.R., Sadar, Purnia.

8.

Anchal Adhikari K. Nagar, District - Purnia.

9.

Anchal Adhikari Baisi, District - Purnia.

10.

Station House Officer, K. Nagar, District - Purnia. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar For the Respondent/s :

Mr. Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 18-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That, this petition is being filed for issuance of an appropriate writ, order or direction to quash the order issued by the District Magistrate cum Collector, Purnia contained in Memo Number 672 dated 16.04.2020 whereby and where under the learned Collector, Purnia dismissed the

Patna High Court CWJC No.9799 of 2021 dt.18-02-2022 2/2 petitioner, a choukidar, Circle No. 6/7 Block K. Nagar, P.S. K. Nagar, District Purnia, from government service on the charge of disturbing public peace in drunken condition, for which a criminal case had been lodged and the petitioner was arrested and sent to jail and further for issuance of an appropriate writ, order or direction commanding the respondents to reinstate the petitioner to the post of choukidar and pay him the arrear as well as current salary and for any other relief or reliefs to which the petitioner is found fit and initiated."

3. Petitioner has rushed to this Court prematurely without exhausting remedy of appeal before the appellate authority provided under Bihar Government Servants (Classification, Control & Appeal) Rules, 2005.

4. Accordingly, present petition stands disposed off, reserving liberty to the petitioner to prefer appeal before the appellate authority. The appellate authority is hereby directed to examine the appeal on the ground of both delay as well as on merit. If such appeal is filed, the same shall be considered within a period of four months from the date of receipt appeal. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 23.02.2022 Transmission Date