Ashok Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12180 of 2021 ====================================================== Ashok Prasad Son of Late Ram Balak Prasad Residen tof Village-Babhandih, Post-Imamganj, Police, Station-Imamganj, District-Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner, Magadh Division, Gaya. 2.

The District Magistrate, Gaya.

3.

The Additional District Magistrate, Gaya.

4.

The District Education Officer, Gaya.

5.

The Sub Divisional Officer, Sadar, Gaya.

6.

The Block Development Officer, Wazirganj, Gaya. 7.

The Block Education Officer, Wazirganj, Gaya. 8.

Most. Shakuntala devi Wife of Late Krishnadeo Pandit, Resident of VillageRahta East, P.O.-Pirmokam, P.S.-Falka, District-Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh,Advocate For the State :

Mr. Binita Singh, SC-28 Mr. Nishant Kumar Jha, AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-11-2023 1.

The present writ petition has been filed seeking the following relief:- "That this writ application is being filed for issuance of appropriate writ/writs, order/orders for setting aside the order dated 01.03.2021 contained in Memo No.- 453 issued by the District Magistrate, Gaya whereby and whereunder after exercising the power under section 41 (ii) of the Bihar Government Service (Classification, Rules and Appeal), 2005 has passed the order of punishment by which one

Patna High Court CWJC No.12180 of 2021(2) dt.24-11-2023 2/2 promotion for three years of the petitioner has been stopped and/or for any other relief or reliefs to which the petitioner may be found entitled to in course of hearing of this writ application."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 01.03.2021, passed by the District Magistrate, Gaya by filing appropriate appeal. Liberty so sought is granted. 3.

It is needless to state that in case appropriate appeal is filed, within a period of four weeks from today, the same shall be considered on merits and disposed off by the appellate authority by passing a reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U