Shwetambar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9477 of 2014 ======================================================

1. Shwetambar Jha son of Late Digambar Jha resident of village - Koilakh, P.S. - Raj Nagar Distt - Madhubani at present posted as orderly (Parichari) Circe office, Pratapganj, District - Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner, Koshi Pramandal, Saharsa.

2. The District Magistrate, Supaul.

3. The Sub-divisional Officer, Triveniganj, Supaul.

4. The Sub-divisional Officer, Nirmali, Supaul.

5. The Circle Officer, Pratapganj, Supaul. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hira Jha For the Respondent/s : Mr. Geeta Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-09-2017 Heard both sides.

At the outset of the argument, the learned counsel for the State submits that the District Magistrate, Supaul inflicted punishment of stoppage of three increments with cumulative effect and also stoppage of salary and other allowance, save and except subsistence allowance, during the period of suspension, against the petitioner but there is provision of appeal before the Commissioner.

Considering the fact that alternative remedy of appeal is available to the petitioner, this writ petition is disposed of with a direction to the petitioner to present appeal before the Commissioner, respondent No.1, within one month from the date of receipt of this order and the Commissioner shall dispose of the appeal of petitioner within four months thereafter. (Prabhat Kumar Jha, J) BKS/- U