Madan Mohan Lal Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9842 of 2014 ===========================================================

1. Madan Mohan Lal Singh S/o Sri Ramashish Singh, Resident of Village Kashipur, Post Office Rajapakri, Police Station Rajapakari, District Vaishali, Hajipur, at present working as Daily Wages Clerk in the Office of District Transport Office, Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the State Transport Commissioner, Department of Transport, Govt. of Bihar, Patna.

2. The State Transport Commissioner, Department of Transport, Government of Bihar, Patna.

3. The Joint Transport Commissioner, Department of Transport, Government of Bihar, Patna.

4. The Principal Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna.

5. The Deputy Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna.

6. The District Transport Officer, Patna.

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

For the Petitioner/s : Mr. Hemendra Pd. Singh, Sr. Advocate Mr. Satya Prakash Srivastava Mr. Arvind Kumar For the Respondent/s : Mr. GP20- NADEEM SERAJ Mr. Dhurendra Kumar, AC to GP 20 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 13-01-2016 After having given a considered opinion to the issue raised by the petitioner as well as having perused Annexure-12 dated 10.3.2014, the Court is constrained to record that the Principal Secretary cum Transport Commissioner has very casually and cursorily arrived at a finding with regard to the petitioner on his claim for regularization. Petitioner has satisfied the Court that he had produced adequate materials along with his representation, contained in Anneuxre-10, which have been ignored and not taken into consideration. In view of the same, Anneuxre-12 dated 10.3.2014 is quashed. Matter

Patna High Court CWJC No.9842 of 2014 dt.13-01-2016 is remanded back for fresh consideration and passing an appropriate order. It goes without saying that petitioner will also be given opportunity to place those materials before the said authority. Let the exercise be done within a period of three months from the date of production of a copy of this order.

Writ application stands allowed.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U