Patna High CourtCWJC/18153/2011dismissed

Md.Istiyak Ahmad And ANR v. The State Of Bihar And ORS

2015-04-16Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18153 of 2011 ===========================================================

1. Md. Istiyak Ahmad S/O Late Md. Quasim, a resident of Village/Mohalla Sherpur, P.S. Chandausi, District Gaya, At Present Posted As Urdu Translator in the Block Office Govindpur, District-Nawada.

2. Md. Jawed Yusuk S/O Late S.M. Yusuf, a resident of Village Govindpur, P.S. Govindpur, District-Nawada, At Present Posted As Urdu Typiest in the Block Office Govindpur, Distt. Nawada.

.... .... Petitioner/s

Versus

1. The State Of Bihar.

2. The District Magistrate Nawada cum District Election Officer, Nawada.

3. The Additional Collector, Nawada.

4. The Sub-Divisional Development Officer, Nawada.

5. The Deputy Development Commissioner, Nawada.

6. The B.D.O. cum C.O. Govindpur, Distt.-Nawada. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. ARSHAD JAMEEL HASHMI Mr. KAMAL KISHORE SINGH For the Respondent/s : Mr. MD. N. HODA KHAN SC18 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 16-04-2015 A K Tripathi, J.

The minimum punishment which could be given for indiscretion of the two petitioners of non-participation in conduct of Lok Sabha Elections is established. A kind of lame excuse has been offered by the petitioners and it is being labelled so for the reason that the petitioners at no point of time informed any authority about the difficulty coming in their way of shouldering the responsibility in conduct of Lok Sabha Elections. Obviously, whatever defence which was taken or explanation offered to the disciplinary authority was an afterthought.

2. Looking at the nature of the punishment imposed upon the petitioners, no interference is warranted for the simple reason that the allegation

Patna High Court CWJC No.18153 of 2011 dt.16-04-2015 2 / 2 so made and explanation so offered does not exonerate the petitioners of their omission.

3. Writ application is dismissed (Ajay Kumar Tripathi, J) R.K.Pathak/- U