Janardan Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 2114 of 2005 ====================================================== Janardan Prasad, S/o Late Ram Govind Prasad, Resident of Village - Bhadwar, PS - Bagengolla, District - Buxar, Retired Sub Inspector of Excise, Excise Department, Bihar ... ... Petitioner/s

Versus

1 The State of Bihar 2 The Excise Commissioner, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

M/s Dhananjay Kr, Avinash, Advocates For the Respondent/s :

Mr H S Roy, AC to AG ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-07-2019 Heard learned counsel for the petitioner and the respondent-State.

The order of punishment dated 06.09.2005 issued by the Commissioner (Excise) -cum- Secretary is the issue raised by the learned counsel for the petitioner in the instant proceedings. He submits that for the period of suspension, petitioner has been allowed nothing other than subsistence allowance. Referring to the order dated 16.11.2005 passed in the criminal trial arising out of Sadar Police Station Case 124 of 2000 in GR No 638 of 2000/Tr No 137 of 2005 by the Judicial Magistrate, 01st Class, Hazaribagh, petitioner's counsel submits that he would be approaching the Appellate Authority for reconsidering the punishment on account of his acquittal in the

Patna High Court CWJC No.2114 of 2005(9) dt.12-07-2019 2/2 criminal trial for the same charges.

Issue, therefore, has to be considered by the Appellate Authority. Pendency of the instant proceedings would, thus, be futile.

Writ petition is disposed of with liberty to the petitioner to avail of the consideration before the Appellate Authority, as submitted by the petitioner's counsel. (Madhuresh Prasad, J) M.E.H./- U