Ramashish Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9800 of 2020 ====================================================== Ramashish Mahto, Son of Kapileshwer Mahto, Resident of Village -34, Ward No. 17, Moujpur, Moujampur, P.S. Bahera, Distt.- Darbhanga. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary Govt. of Bihar Patna. 2.

The Addl. Chief Secretary, General Administrative Department, Govt. of Bihar, Patna.

3.

The Dy. Secretary General Administrative Department, Govt. of Bihar Patna.

4.

The Principal Secretary Road Construction Department Govt. of Bihar, Patna.

5.

The Dy. Secretary, Road Construction Department, Govt. of Bihar, Patna. 6.

Engineer-in-Chief Cum Addl. Commissioner-cum Special Secretary, Road Construction Department, Govt. of Bihar, Patna. 7.

The Chief Engineer (Traffic), North Bihar Sub Division Road Construction Department, Govt. of Bihar, Patna.

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

For the Petitioner/s :

Mr. Mukesh Kumar No.1, Advocate For the Respondent/s :

Mr. Amit Prakash, G.A.-13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 05-01-2021 Petitioner has prayed for the following relief(s): "1. for issuance of writ in nature of Mandamus directing to the respondents concerned to implement the policy and procedure regarding the transfer & Posting of the Govt. Employee of the State Govt.

For further issuance of any other appropriate writ/Writs, order/orders, Direction/Directions and command/Commands

Patna High Court CWJC No.9800 of 2020 dt.05-01-2021 2/3 to the respondents concern.

For issuance any other writ/writs, order/orders for which the petitioner is legally entitled.

Finding the Court not to be in favour of the submissions made by learned counsel for the petitioner, learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to initiate appropriate action. Permission granted.

We are sure that in the event petitioner takes recourse to such remedies as are otherwise available in accordance with law, the appropriate authority shall consider and decide the same expeditiously and preferably within a period of two months. Needless to add, while considering the case of the petitioner, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits. All issues are left open.

The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e.

Patna High Court CWJC No.9800 of 2020 dt.05-01-2021 3/3 physical mode.

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, also stands disposed of.

(Sanjay Karol, CJ) ( Rajeev Ranjan Prasad, J) Amrendra/P.K.P.

AFR/NAFR CAV DATE Uploading Date 05.01.2021 Transmission Date