Haridwar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20056 of 2014 ====================================================== Haridwar Prasad Son of Late Devaki Prasad, resident of Village Bhargawa, P.S Danaura, District Patna, at present posted as Jail Warden, District Jail, Arah, District Bhojpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Home Department, Bihar, Patna 2.

Inspector General of Police Prison, Bihar, Patna. 3.

The Superintendent of Police, Patna.

4.

The District Magistrate, Patna.

5.

The Sub. Divisional Officer, Hilsa, Nalanda.

6.

The Conducting Officer-cum-Superintendent Kendriya Adarsh Jail, Beur, Patna.

7.

The Superitendent, District jail, Arrah, District Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Chandra, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-08-2023 1.

The present writ petition has been filed seeking the following relief:- "i) For quashing the memo no.7-V-141-01-7702 Patna dated 24.12.2007 issued by Inspector General of Police (Prison), Bihar, Patna as contained in Anexure:7 to this petition, whereby and whereunder the appeal filed by the petitioner against the punishment order dated 19.07.2002 vide memo no. 2064 passed by Superintendent,

Patna High Court CWJC No.20056 of 2014(2) dt.10-08-2023 2/3 Adarsh Kendriya Kara, Beur, Patna as contained in Annexure: 5 to this petition has been disposed of and confirmed the said punishment order.

ii) For quashing the order vide memo no. 146 dated 12.07.2002 passed by the Superintendent, Adarsh Kendriya Kara, Beur, Patna under the power of Conducting Officer, whereby the petitioner has been awarded punishment for stoppage of 4 increments and only subsistence allowances for the suspension period and further five years no promotion will be granted to the petitioner.

iii) For issuance an appropriate writ, order or direction.

particularly in the nature of writ of Mandamus or any other appropriate writ to grant consequential benefits to the petitioner in accordance with law."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order of punishment dated 12.07.2002, by filing revision petition under Rule

Patna High Court CWJC No.20056 of 2014(2) dt.10-08-2023 3/3 28 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005. Liberty so sought is granted.

3.

It is needless to state that in case appropriate revision petition is filed, within a period of two weeks from today, the competent authority shall consider the same on merits and pass a reasoned and a speaking order thereon, within a period of six weeks, thereafter.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U