Anil Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10297 of 2020 ====================================================== Anil Prasad Singh son of Late Bihari Singh Resident of Village- Sarbadhi, P.S.- Masaurhi, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Revenue Department, Government of Bihar, Patna. 3.

The Commissioner, Patna Division, Patna.

4.

The District Magistrate, Patna.

5.

The Sub- Divisional Officer, Patna Sadar, Patna. 6.

The Land Reforms Deputy Collector, Patna, District- Patna. 7.

The Sub- Divisional Officer, Masaurhi, Patna. 8.

The Block Development Officer, Phulwarisharif, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Advocate For the Respondent/s :

Mr.Lalit Kishore, AG :

Mr. Raj Kishore Roay, GP 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That the Petitioner craves indulgence of this Hon'ble Court for issuance of an appropriate Writ in the nature of Certiorari for quashing Memo No. XXX-19/2018.766/Est.Patna dated 4.4.2020 as contained in Annexure 9 issued by Respondent No. 4 whereby and whereunder learned Respondent No. 4 was pleased to stop three increment with numerical effect and also directed to recover defalcated amount

Patna High Court CWJC No.10297 of 2020 dt.10-01-2022 2/2 to his salary from March, 2020 in twenty installments with interest."

3. Petitioner has rushed to this Court without exhausting statutory remedy of appeal before the Appellate Authority in questioning order dated 04.04.2020 (Annexure 9) passed by the 4th Respondent-The District Magistrate, Patna.

4. Accordingly, petition stands disposed off as it is premature, reserving liberty to the petitioner to prefer an appeal before the Appellate Authority within a period of eight weeks from the date of receipt of this order. The Appellate Authority is hereby directed to examine the petitioner's appeal and decide within a reasonable period of three months from the date of receipt of the petitioner's appeal.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 14.01.2022 Transmission Date