Basudeo Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10411 of 2013 ====================================================== Basudeo Paswan Son Of Late Hari Paswan Resident Of Village - Daulatpur Milki, P.S. Chandi, District - Nalanda ... ... Petitioner

Versus

1. The State Of Bihar

2. The Principal Secretary, Department Of Home ( Police ), Govt. Of Bihar, Patna

3. The District Magistrate, Nalanda At Biharsharif

4. The Deputy Collector ( Incharge ) Nalanda Collectariate, Biharsharif

5. The Deputy Collector Land Reforms, Hilsa ( Nalanda )

6. Te Circle Officer, Chandi Circle, Chandi ( Nalanda )

7. The Officer - In - Charge, Chandi Police Station, Chandi ( Nalanda ) ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Mithilesh Kumar, Advocate For the State :

Mr. Indradeo Prasad, SC 27 & Mr. Sunil Kr.Singh, AC to SC 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-11-2018 Learned counsel for the petitioner submits that order of punishment dated 7.10.2009 to the extent it deprives the petitioner of benefits other than subsistence allowance, is grossly illegal and unjust. He submits that before awarding the punishment, petitioner was required to be afforded an opportunity in accordance with law. Appeal of the petitioner is maintainable before the Commissioner, Magadh Division, Gaya. In view of the aforesaid submission, the petitioner may submit his appeal before the Commissioner, Magadh Division. If such appeal is filed within a period of four weeks, then the Commissioner, Magadh Division shall consider the

Patna High Court CWJC No.10411 of 2013(2) dt.01-11-2018 2/2 same in accordance with law without raising the issue of appeal being belated.

Writ petition stands disposed of.

(Madhuresh Prasad, J) Shashi U