Rajiv Ranjan Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15546 of 2015 ====================================================== Rajiv Ranjan Prasad son of Late Adya Prasad, resident of House No. A/138, Housing Colony, P.O.Police Station- Kankarbagh, District- Patna, Bihar, at present posted as Archivist, Regional Archives Office, Bettiah West Champaran, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Deputy Secretary, Department of Cabinet Secretariat and Co-ordination Department, Government of 3.

The Director, Directorate of Archives, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pritish Kumar Lal, Advocate Mr. Sanjeev Kumar, Advocate For the Respondent/s :

Mr. Sarvesh Kumar Singh, AAG-13 Mrs. Sunita Kumari, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-09-2023 1.

The present writ petition has been filed seeking the following relief:- "1. That this present writ application is being filed against two orders issued by the Commissioner and Secretary in the Department of Cabinet Secretariat and Co-ordination, Department, Bihar Patna, both being dated 30.10.2006 having Memo nos.

194/06/1929 and 194/06/1930 respectively. The first order being passed by which certain service

Patna High Court CWJC No.15546 of 2015(2) dt.14-09-2023 2/3 comments have been made against the petitioner and with a malafide intention has been stated that the period of absence from duty from 25.06.2006 to 24.09.2006 be treated as extraordinary leave and has further termed the absence to be amounting to misconduct even after certain directions given by the Hon'ble High Court while remanding the matter with certain directions passed in CWJC No. 9846 of 2006.

The arrear of salary though ordered by the Hon'ble Patna High Court has also been denied.

The second order of 20.10.2006 relates to the rejection order by which the petitioner's claim for posting as a Regional Archives Officer at Bhagalpur without specifying any reason. Therefore, the petitioner prays for quashing of both the office orders dated 30.10.2006."

2.

At the outset, the learned counsel for the respondent has not denied that a Coordinate Bench of this Court by an earlier order dated 12.09.2006 passed in CWJC No. 9846 of 2006 has

Patna High Court CWJC No.15546 of 2015(2) dt.14-09-2023 3/3 already indicated for payment of past salary for a period of three months, hence the same shall be paid within a period of three weeks from today. 3.

It is directed accordingly.

4.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U