Akhil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5607 of 2025 ====================================================== Akhil Kumar S/o Jai Shankar Yadav, Resident of Village-Purnea Court Station, Near Durga Mandir, P.O.-Purnea, P.S.-K. Hat, District-Purnea. Presently Working on the Post of Fisheries Extension Officer, Joint Agriculture Building, District Fisheries Officer, Katihar. ... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, Animal and Fisheries Resource Department, Govt. of Bihar, Patna.

3.

The Director Fisheries, Fisheries Department, Govt. of Bihar, Patna. 4.

The Director, Bihar State Rural Livelihoods Promotion Society, JEEVIKA, Bihar, Patna.

5.

The State Project Manager-HRD, JEEVIKA (BRLPS), Vidyut Bhawan, Annex-II, 3rd Floor, Baily Road, Patna-800021. 6.

The District Project Manager, DPCU (JEEVIKA), Madhepura. 7.

The District Fisheries Officer, Katihar.

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

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate For the Respondent/s :

Mr. Sanjay Kumar, AC to GP-23 For Respondent Nos.4 to 6:

Mr. Abhinav Shrivastava, Sr. Advocate Mr. Pushkar Bharadwaj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-04-2025 Heard Learned Counsel for the petitioner, Learned Counsel for the State and Mr. Pushkar Bharadwaj, learned Advocate, appearing for respondent Nos.4 to 6, who belongs to the Chamber of Mr. Abhinav Shrivastava, Senior Advocate.

2. The present writ petition has been filed with the following reliefs:- "I. For issuance of appropriate order/s, direction/s that quashed/ set aside

2/4 memo No.1683 dated 17.09.2024 passed by Abhishek Ranjan, the Director, Fisheries Department, Govt. of Bihar, Patna, whereby and whereunder, he stopped the salary of the petitioner from the month of Sep 2024 without any valid reason which is not accordance with law, but not stop discharging the duty of petitioner.

II. For issuance of appropriate order/s, direction/s to the respondent concern that to grant salary of the petitioner from month of Sep 2024 to till the date, whereby and whereunder petitioner continue discharging his duty in his concern office and no any allegation against this petitioner regarding discharging his duty.

III. For issuance of appropriate order/s, direction/s to the respondent concern that disposal the representations/application which is pending before them for consideration the grievances of the petitioner.

IV. For issuance of any appropriate relief/s, direction/s to as your lordships may deem fit and proper to the facts and circumstances of the case as well as for the petitioner may be found entitled thereto.

V. During the pendency of the writ application proceeding/operation passed in

3/4 memo No.1683 dated 17.09.2024 passed by Abhishek Ranjan, The Director Fisheris, Fisheries Department, Govt. of Bihar, Patna (Resp. No-03) may kindly stay."

3. Learned Counsel for the petitioner submits that the salary of the petitioner has been stopped from the month of September, 2024 without any valid reasons and, therefore, he has filed the present writ petition.

4. Learned Counsel for the State submits that the salary of the petitioner has been stopped with valid reasons. In this regard, a letter contained in Memo No.1683 dated 17.09.2024 has already been served upon the petitioner in which he was directed to file his explanation as to why his appointment should not be cancelled.

5. In response thereof, Counsel for the petitioner submits that he had filed representation vide Annexure-P/7, but till date no decision has been taken on the part of the Director Fisheries (respondent No.3).

6. Learned Counsel for respondent Nos.4 to 7 seeks permission to file counter affidavit.

7. It transpires to this Court that till date no decision has been taken on the representation of the petitioner (Annexure-P/7) by respondent No.3, the Director Fisheries.

4/4 Therefore, keeping pending the writ petition shall not solve any purpose and respondent No.3 is hereby directed to take decision and pass a reasoned and speaking order on the representation ( Annexure-P/7) filed by the petitioner before him within 90 days from the date of receipt/production of a copy of this order.

8. With the aforesaid direction, this writ petition is disposed off.

(Dr. Anshuman, J) Mkr./- U