Patna High CourtCWJC/11400/2013dismissed

Chandra Kant Tiwari v. The State Of Bihar And ORS

2016-09-05Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11400 of 2013 =========================================================== Chandra Kant Tiwari S/O Late Ram Bhajan Tiwary, Resident Of Village- Bindhua, P.S.- Imamganj, District- Gaya Presently Posted As Panchayat Sachiv Maushaudhi Panchayat, Dumaria Block, P.S.-Dumaria, Dist.- Gaya. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate, Gaya

3. The Sub Divisional Officer, Takari, Distt.- Gaya.

4. The District Panchayat Raj Officer, Gaya.

5. Senior Deputy Collector Cum Incharge Paraia Block Cum Conducting Officer, Gaya.

6. The Block Development Officer, Paraia, Dist.- Gaya.

7. The Mukhiya, Gram Panchayat Raj Solar, P.S.- Paraia, Dist.- Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Abhinav Singh, Adv. Mr. Binod Kumar Singh, Adv.

Mr. Satyendra Pd. Singh, Adv.

For the State : Mr. S. Raza Ahmad, Sr. Adv., AAG-5 Mr. Md. Anisul Haque, AC to AAG-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 05-09-2016 Heard learned counsel for the parties.

It appears that the present writ application is a misled and misconceived writ application as punishment has been awarded to the petitioner in pursuance of the departmental proceeding of stoppage of two increments with non-cumulative effect and he will not be entitled to salary except subsistence allowance during period of suspension which is not under challenge. In that view of the matter, the present writ application is not maintainable.

Patna High Court CWJC No.11400 of 2013 dt.05-09-2016 Learned counsel for the petitioner submits that he may be given liberty to file an appeal. If the petitioner is so advised, he may file an appeal before the appropriate forum.

This application is, accordingly dismissed as not maintainable.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.09.2016 Transmission Date NA