Faiyaz Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11053 of 2021 ====================================================== Faiyaz Ahmad, Son of Md. Yasin Ansari, resident of Barhara, P.S.- Baburahi, District - Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Excise Department, New Secretariat, Patna.

2.

Commissioner, Excise Department, New Secretariat, Patna. 3.

Joint Secretary-cum-Conducting Officer, Excise Department, New Secretariat, Patna.

4.

Inspector General of Police (Excise), Excise Department, Government of Bihar, Patna.

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

For the Petitioner :

Mr. Pratap Sharma, Advocate For the State :

Mr. Akash Chaturvedi, AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 29-08-2023 1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner has assailed the order of suspension (Annexure-5 to the writ petition) dated 19.03.2020 as well as the consequential order dated 18.09.2020 (Annexure-6 to the writ petition), whereby charge memo was served on the petitioner. 3.

It is not in dispute that the proceeding has culminated in an order of dismissal. The petitioner has also availed the remedy of appeal against the order of dismissal and a final order dated 13.05.2022 has been passed on the petitioner's appeal.

Patna High Court CWJC No.11053 of 2021(9) dt.29-08-2023 2/2 4.

In view of such development subsequent to filing of the instant writ petition, the relief has become infructuous. The petitioner, however, would be at liberty to assail the order of punishment and its affirmation by the appellate order dated 13.05.2022 in appropriate proceedings in accordance with law. 5.

With such liberty, writ application is dismissed (Madhuresh Prasad, J) shashank/- U