Patna High CourtCWJC/6127/2011disposed

Mahesh Prasad v. The State Of Bihar And ORS

2016-04-18Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6127 of 2011 ====================================================== Mahesh Prasad S/O Ram Bilash Mahto R/O Inerwa, P.O. Inerwa, P.S. - Sonbarsa, District - Sitamarhi, Presently Posted As Joint Registrar, CoOperative Societies, Purnia Division, Purnea .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Registrar, Co-Operative Societies, Bihar, Patna

3. The Special Secretary, Co-Operative Department, Bihar, Patna

4. The Addl. Registrar (Head Quarter), Co-Operative Societies, Bihar, Patna

5. The Deputy Secretary, Co-Operative Department, Bihar, Patna Cum Upasthapan Offier

6. The Joint Registrar (Head Quarter), Co-Operative Socities, Bihar, Patna

7. The Addl. Registrar, (Head Quarter), Bihar, Patna Cum Conducting Officer .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Respondent/s : Mr. Yogendra Pd. Sinha, AAG15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 18-04-2016 Petitioner has filed the instant application for quashing charge framed against him vide order, dated 09.12.2010 as well as the departmental proceeding initiated vide order, dated 14.12.2010.

Counsel for the petitioner submits that the proceeding has been initiated without giving him a notice. A Bench of this Court vide order, dated 06.04.2011, stayed the further proceeding in pursuance of notice, dated 14.12.2010.

Patna High Court CWJC No.6127 of 2011 (3) dt.18-04-2016 2/2 A counter affidavit has been filed by the State, wherein, it is stated that the petitioner has already filed his show-cause. I find no ground to quash the departmental proceeding at its initial stage itself. Nonetheless, in the facts and circumstances of this case, the petitioner is granted liberty to file any other additional written statement within a period of four weeks from today. Thereafter, the departmental proceeding would proceed in accordance with law.

This Court has not expressed any opinion on the merit of this case.

The writ application is accordingly disposed of. (Samarendra Pratap Singh, J) kunal/- U