Manohar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6940 of 2025 ====================================================== Manohar Tiwari Son of Nivaran Tiwari, Resident of Village- Shitalpur, P.O.- Chutia, P.S.- Banka, District- Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

Collector Cum District- Magistrate cum District Officer, Banka. 3.

Additional Collector, Banka.

4.

Senior Incharge Officer, District Establishment Branch, Banka. 5.

Establishment Deputy Collector, Banka.

6.

Conducting Officer Cum Senior Deputy Collector, Banka. 7.

Presenting Officer cum District Transport Officer, Banka. 8.

The Then Senior Deputy Collector, Banka.

9.

The Then Additional District Public Relation Officer, Banka. 10.

District Public Grievance Redressal Officer, Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Kumar Singh, Advocate For the Respondent/s :

Mr. Sunil Kumar Agrawal, SC3 :

Mr. Bipin Kumar, AC to SC3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-08-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. This application has been filed for seeking following reliefs:

(i) To issue on appropriate writ in the nature of certiorari for quashing the order vide Gyapank-0112/2017-935/stha dated 13/11/2024 (Annexure-P/20) issued under the Joint Signature of Establishment Deputy

Patna High Court CWJC No.6940 of 2025(2) dt.30-08-2025 2/3 Collector, Banka Senior Incharge Officer, Banka and District Officer, Banka whereby and whereunder the petitioner has been punished with compulsory retirement from service holding the post of lower Division Clerk, District Revenue Branch, Banka on an illegal and erroneous ground that he was taking illegal money in exchange of receiving the application form while the petitioner has clearly stated and mentioned in his application/show cause that the said money was given by the brother in law for the construction of the building to his elder brother but in the said impugned order also stated that he had been pressurized by the respondents and accepted that in pressure.

(ii) To direct and command the respondents forthwith reinstate the petitioner in service with all consequential benefits and back wages etc.

3. The petitioner has not preferred any appeal against the original order.

4. This application is disposed of with a liberty to the petitioner to prefer an appeal against the original order before the Commissioner, Bhagalpur within a period of three weeks.

5. If such an appeal is preferred within three weeks,

Patna High Court CWJC No.6940 of 2025(2) dt.30-08-2025 3/3 the Commissioner, Bhagalpur will consider the same on merits and dispose of the same within eight weeks, after hearing the parties, with a reasoned order.

(Sandeep Kumar, J) anand/- U