Patna High CourtCWJC/11997/2006allowed

Surendra Kumar Pandey v. Honble High Court Of Judicatu

2017-08-24Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11997 of 2006 =========================================================== Surendra Kumar Pandey, Son of Sri Bhuneshwar Pandey, resident of Lakshman Chhapra, P.S. Bairia, District Balia .... .... Petitioner

Versus

1. Hon'ble High Court of Judicature at Patna through its Registrar.

2. Registrar, High Court of Judicature at Patna.

3. District judge, Saharsa.

4. The State of Bihar .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Anshul Mr. Arun, Advocates For the Respondents : Mr. Mrigank Mauli, Mr. Prince Kumar Mishra, Advocates ========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 24-08-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for setting aside the order contained in Memo No. 1733-39 dated 15.05.2004 whereby and whereunder the learned District Judge, Saharsa has awarded punishment to the petitioner as the services should be treated as broken on 17th and 18th of May, 2004 and be treated as reemployed with effect from 19.05.2004 as well as the communication dated 08.08.2006 whereby and whereunder the petitioner has been informed about dismissal of his appeal by this Hon'ble High Court.

3. Without going into the detailed merits of the matter, learned counsel for the petitioner submits that similar proceedings had also been initiated against one Upendra Prasad Ram,

Patna High Court CWJC No.11997 of 2006 dt.24-08-2017 2/2 who had approached this Court in CWJC No. 12791 of 2006 (Upendra Prasad Ram Vs. The State of Bihar & others). By order dated 08.12.2007, the order of punishment as well as the appellate order had been set aside in that case. The petitioner requests for disposal of the present writ petition on the same lines as in the said case of similarly situated Upendra Prasad Ram aforesaid

4. Learned counsel for the respondents fairly accepts the facts stated on behalf of the petitioner.

5. In the above view of the matter, the writ petition stands disposed of in line with and on the same terms as in CWJC No. 12791 of 2006 (Upendra Prasad Ram Vs. The State of Bihar & others). (Vikash Jain, J) B.T/ Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 26.08.2017 Transmission Date N.A.