Surendra Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.5086 of 2013 In Civil Writ Jurisdiction Case No. 3153 of 2013 ====================================================== Surendra Singh S/O Late Hansu Singh Resident Of Village Panth Pakad, P.O. Panth Pakad, P.S. Bathnaha, District Sitamarhi, Presently Posted As Junior Engineer, Patna West Building Division, Danapur. .... .... Petitioner/s
Versus
1. The State Of Bihar.
2. Chanchal Kumar Presently Posted As The Secretary, Road Construction Department, Government Of Bihar, Patna.
.... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.5087 of 2013 IN Civil Writ Jurisdiction Case No. 6232 of 2013 ====================================================== Somnath Bhagat S/O Late Sheo Dayal Bhagat Resident Of Village Pugie Dhautha Toli, P.O. Armai, P.S. Gumla, District Gumala, Presently Posted As Junior Engineer, Patliputra Building Division, Building Construction Department, Patna.
.... .... Petitioner/s
Versus
1. The State Of Bihar.
2. Chanchal Kumar Presently Posted As The Secretary, Road Construction Department, Government Of Bihar, Patna.
.... .... Respondent/s ====================================================== Appearance :
(In MJC No.5086 of 2013) For the Petitioner/s : Mr. Shashi Bhushan Kumar -Manglam, Adv For the Opposite Party : Mr. D.K. Sinha, Sr. Adv AAG-2 (In MJC No.5087 of 2013) For the Petitioner/s : Mr. Shashi Bhushan Kumar -Manglam For the Opposite Party : Mr. D.K. Sinha, Sr. Adv AAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 13-02-2015 Heard learned counsel for the parties.
Pursuant to the earlier order of this Court, Ms.
Patna High Court MJC No.5086 of 2013 (3) dt.13-02-2015 Harjot Kaur, Secretary to Road Construction Department has appeared in person and having filed the supplementary show cause has also sought to explain that for the reasons beyond her control decision could not be taken within the prescribed period of time. In view of whatever has been said in the supplementary show cause reply, this becomes clear that though there were certain constraints in the ways of the department in taking final decision but then if there was such constraint this Court could have been approached and apprised for seeking extension of time.
Be that as it may, the order has been complied and therefore, this Court is now not inclined to proceed further in the matter. The proceeding is hereby closed with a hope and belief that in future the departmental secretary will not give any such occasion for this Court. The petitioner will be also at liberty to assail the decision taken by the department before the appropriate authority/forum as may be permissible in law.
Patna High Court MJC No.5086 of 2013 (3) dt.13-02-2015 That being so, both these applications are disposed of.
The personal appearance of Ms. Harjot Kaur, Secretary to Road Construction Department is hereby dispensed with.
(Mihir Kumar Jha, J) Ranjan/- U