Shashank Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9201 of 2020 ====================================================== Shashank Kumar Son of Ram Babu Prasad, resident of Ward No. 10 near Rainbow Studio Bara Bazar, Kishori Lal Chowk, Police Station and District - Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Rural Development Department, Govt. of Bihar, Patna.

2.

The Chief Executive Officer-cum-Mission Director, Lohia Swaksh Vihar Abhiyan, Rural Development Department, Bihar, Patna. 3.

The Administrative Officer-cum-State Co-Ordinator, Lohia Swachh Bihar Abhiyan, Rural Development Department, Bihar, Patna. 4.

The District Magistrate-cum-Chairman, District Lal Awam Swakshta Samiti, Darbhanga.

5.

The Deputy Development Commissioner, Darbhanga. 6.

The Director, District Rural Development Agency (D.R.D.A.), Darbhanga. 7.

The District Co-Ordinator, Lohia Swachh Bihar Abhiyan, Darbhanga. 8.

The Block Development Officer, Bahadurpur, District - Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Prasad Singh For the Respondent/s :

Mr. Lalit Kishore ( Ag ) :

Mr. Anjani Kumar, AAG 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 03-01-2022 Heard learned counsel for the parties.

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

"That this is an application for issuance of an appropriate writ/writs setting aside the office order dated 26.9.2018 contained in letter no.BRLPS/LSBA/Admn/34/19/701 issued by respondent no. 3 by which petitioner has been removed by terminating his contract from the post of Block Co-ordinator, Lohia Swachh Bihar Abhiyan, Bahadurpur (Darbhanga) with immediate

Patna High Court CWJC No.9201 of 2020 dt.03-01-2022 2/2 effect in exercising the power under Lohia Swachh Bihar Abhiyan, Human Resources Development Manual, 2017 (LSBA Manual) and also the order dated 23.5.2018 contained in Memo No. 1034 issued by District Magistrate Darbhanga recommending for termination of contract and recovery of Rs.2,19,000/- from the petitioner and or to grant any other relief or reliefs for which petitioner is legally entitled in the facts and circumstances of the case."

3. Petitioner was dismissed from service as a measure of penalty on 26.09.2018 and he had preferred an appeal before the Appellate Authority on 26.02.2019 and it is pending consideration before the Respondent No. 2, The Chief Executive Officer-cumMission Director, Lohia Swaksh Vihar Abhiyan, Rural Development Department, Bihar, Patna.

4. The 2nd Respondent is hereby directed to decide petitioner's appeal dated 26.02.2019 within a period of six months in accordance with law from the date of receipt of this order.

5. With the above observation, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 07.01.2022 Transmission Date