The State Of Bihar v. Rajesh Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7809 of 2023 ====================================================== 1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 800001. 2.

The Principal Secretary, to the Government of Bihar Home Police (Department of Home), Patna. 800001.

3.

The Additional Secretary to the Government, Government of Bihar, Department of Home, Bihar Patna. 800001.

4.

The Principal Secretary, Department Home Police, (Department of Home) Government of Bihar, Patna.-1.

5.

The Secretary, to the Government (Government of Bihar) Home (Police), Department of Home, Bihar, Patna-1.

... ... Petitioner/s

Versus

1.

Rajesh Kumar Son of Sri Ved Parkash, Resident of Village- Safidon City, P.S.- Safidon, Dist- Jind (Haryana), at present posted as DIG, Begusarai (Bihar).

2.

The Union of India Through the Secretary, Ministry of Home Affairs, North Block, New Delhi.- 110001.

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

For the Petitioner/s :

Mr. P. K. Verma, AAG 3 Mr. Sanjay Kumar Ghosarvey, A.C. to A.A.G.3 For the UOI :

Mr. Naresh Dikshit, Advocate Ms. Kalpana, Advocate For the Respondent :

Mr. Jayant Kumar Karn, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 02-01-2024 The present writ petition is filed by the State of Bihar without following the procedure in so far as filing writ petition against the order of the Central Administrative Tribunal/Tribunal in the light of Chapter IIIA, filing procedure of Part A of Rule 4A of the Patna High Court Rules, which reads

Patna High Court CWJC No.7809 of 2023(5) dt.02-01-2024 2/2 as under:

"4A.(i)Pleadings and proceedings in relation to writ petitions arising out of matters before the Central Administrative Tribunal, should be accompanied by all the applications, rejoinders, replies and pleadings as filed before the Central Administrative Tribunal as a separate paper book.

(ii) The said paper book shall be indexed, with the pleadings in seriatim along with respective annexures.

(iii) The index page shall contain a certificate by the A.O.R., filing the writ petition, that the pleadings contained in the paper book are complete and are true copies of the pleadings as filed before the Tribunal."

2. Therefore, registry is hereby directed to return the file to the State-petitioners and the present petition stands disposed of reserving liberty to the petitioners to file fresh petition in accordance with the Patna High Court Rules in so far as filing writ petition against Tribunal.

(P. B. Bajanthri, J) (Ramesh Chand Malviya, J) Anand Kr.

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