Ranjan Kumar Chauhan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14520 of 2014 ====================================================== Ranjan Kumar Chauhan S/o Sri Jiya Lal Singh Resident of Ward No. 6, Professor Colony Nirmali, P.O. Nirmali, District Supaul. ... ... Petitioner

Versus

1.

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

The Commissioner cum Secretary, Department of General Administrative, Government of Bihar, Patna.

3.

The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

4.

The Joint Secretary, General Administration Department, Government of Bihar, Patna.

5.

The Under Secretary, General Administration Department, Government of Bihar, Patna.

6.

The Deputy Secretary, General Administration Department, Government of Bihar, Patna.

7.

The Deputy Secretary, Rural Development Department, Govt. of Bihar, Patna.

8.

The Divisional Commissioner, Purnia Division, Purnia. 9.

Sri Sudhir Kumar, Commissioner-cum-Inquiry Officer, Purnia Division, Purnia.

10.

The District Magistrate, Katihar.

11.

The Secretary, Department of Finance, Government of Bihar, Patna. 12.

The Accountant General, Bihar, Patna.

13.

The Chairman, Bihar Public Service Commission, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Indu Bhushan, Advocate For the Respondents :

Mr. Dinesh Maharaj AC to AAG-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 19-11-2019 Heard learned counsel for the petitioner and learned counsel for the respondent- State.

The petitioner's counsel submits that he would be availing the remedy of Review under Rule 24(2) of the Bihar Government Servants

Patna High Court CWJC No.14520 of 2014 dt.19-11-2019 2/2 Classification, Control & Appeal) Rules, 2005 ( for brevity 'Bihar CCA Rules,2005') against the order of punishment dated 28.02.2011. Such submissions is advanced since an objection has been taken by the State counsel as regards the maintainability of the instant writ proceedings for want of remedy under Rule 24(2) of the Bihar CCA Rules,2005.

In view thereof, this Court would allow the petitioner three week's time for availing the remedy. In case the remedy is availed within this time, the Commissioner-cum-Secretary, Department of General Administrative, Government of Bihar, Patna (Respondent No.2) shall consider the petitioner's case, on its own merit, without raising the issue of the same being filed by delay.

The writ petition is disposed of.

(Madhuresh Prasad, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.11.2019 Transmission Date N/A