Manoranjan Kumar Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10869 of 2021 ====================================================== Manoranjan Kumar Singh, S/o Chandradeo Singh, R/o Village-Chhota Sasaram, P.O.-Chhot Sasaram, P.S. Udwant Nagar, District-Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna. 2.

The Principal Secretary, Rural Development Department, Government of Bihar, Patna. 3.

The Commissioner MANREGA, Government of Bihar, Patna. 4.

The District Magistrate, Buxar.

5.

The Deputy Development Commissioner, Buxar.

6.

The Block Development Officer, Block-Simri, District-Buxar. 7.

The Programme Officer Simri, District-Buxar.

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

For the Petitioner/s :

Mr. Alok Ranjan, Advocate For the State :

Mr. Rewti Kant Raman, AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 18-04-2022 Heard learned counsel for respective parties. In the instant petition, petitioner has prayed for the following reliefs:- "(i) For Quashing order as contained in memo no. 1734/Abhi dated 31.12.2020 issued under the signature of Deputy Development Commissioner, Buxar, by which the services of the petitioner from the post of Panchayat Rojgar Sevak, has been terminated, in a most arbitrary and illegal manner, without following any procedure,with a predetermined, without consider-

Patna High Court CWJC No.10869 of 2021 dt.18-04-2022 2/3 ing show cause reply, without applying his own independent judicial mind.

(ii) For quashing of the order issued by the District Magistrate, Buxar, passed in appeal case no. 02/2021 dated 26.02.2021, by which the order passed by DDC Buxar has been affirmed and petitioner has been declared guilty with a predetermined mind and in a very mechanical manner, without considering showcause reply of the Petitioner, which is in teeth/violatíon of principles of natural justice and the same is also contrary to settled principals of law as laid down through various judicial pronouncement by Hon'ble High court and Hon'ble Apex court.

(iii). For directing and commanding the respondent authority to reinstate the services of the petitioner and to pay all the consequential benefits attached to the said post.

(iv) For any other appropriate relief/reliefs to which the petitioner is found entitled in the facts and circumstances of this case."

The petitioner has already invoked remedy of appeal on 09.04.2021 against the impugned order, the appellate authority has not taken any decision either to accept or reject the petitioner's appeal while passing a speaking order. Therefore, the appellate authority is hereby directed to decide the petitioner's appeal dated 09.04.2021 within a period of two months from the date of receipt of this order. He is also hereby directed to communicate the speaking order to the petitioner within a reasonable period of time.

Patna High Court CWJC No.10869 of 2021 dt.18-04-2022 3/3 With the aforesaid observations, the present petition stands disposed off.

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