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Patna High CourtCWJC/16216/2011disposed

Rajesh Kumar Gupta v. The State Of Bihar And ORS

2017-09-06The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16216 of 2011 ====================================================== Rajesh Kumar Gupta, S/O Shri Bal Kumar Prasad, Resident of Moh-Manik Chand Road, P.O.: Forbesganj, P.S.: Forbesganj, District: Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, General Administrative Department, Government of Bihar, Patna.

2.

The Principal Secretary, General Administrative Department, (EARLIER describe as Department of Personnel and Administrative Reforms), Government of Bihar, Patna.

3.

The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

4.

The Divisional Commissioner, Darbhanga Division, Darbhanga. 5.

The District Magistrate, Madhubani.

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

For the Petitioner/s :

Mr. Dayanand Singh, Advocate For the Respondent/s :

Mr. Zakir Haidar, A.C. to S.C. 9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 06-09-2017 This writ petition was filed in the year 2011 challenging an inquiry proceedings initiated against the petitioner vide Memo No. 2/C3-3011/02-8930 dated 07.09.2009 (Annexure-6).

Petitioner has challenged the issuance of the departmental proceeding on various grounds. However, today during the course of hearing, it transpired that the departmental proceeding has culminated into passing of a final order of punishment dated 21.01.2014 and against the aforesaid order petitioner has a remedy of appeal. That apart, once the inquiry proceedings has culminated into passing of a final order,

Patna High Court CWJC No.16216 of 2011 dt.06-09-2017 2/2 petitioner is required to challenge the same afresh in accordance with law.

Accordingly, granting liberty to the petitioner to challenge the punishment order dated 21.01.2014 by taking recourse to such remedy as may be available, the matter stands disposed of. Liberty shall be available to the petitioner to raise all the grounds as are raised in this petition. (Rajendra Menon, CJ) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 09.09.2017 Transmission Date