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Patna High CourtCWJC/5420/2015disposed

Mewa Lal Prasad v. The State Of Bihar And ORS

2019-01-29Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5420 of 2015 ====================================================== MEWA LAL PRASAD SON OF LATE JATTADHARI PRASAD, EX SUB INSPECTOR OF POLICE, SARAN, RESIDENT OF VILLAGE- KOTHIA SORA GODAM, POST-KOTHIA NARAON PS- AWATARNAGAR, DISTRICT- SARAN - 841216 BIHAR ... ... Petitioner

Versus

1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA.

2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF BIHAR, PATNA.

3. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA.

4. THE INSPECTOR GENERAL OF POLICE, SARAN ZONE, SARAN BIHAR

5. THE DEPUTY INSPECTOR GENERAL OF POLICE, SARAN RANGE, SARAN BIHAR

6. THE SUPERINTENDANT OF POLICE, SARAN.

7. THE SUPERINTENDANT OF POLICE, HAZIPUR, VAISHALI.

8. THE ACCOUNTANT GENERAL (A & E), BIR CHAND PATEL PATH, PATNA BIHAR - 800001 ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Munna Pd Dixit, advocate, Mr. Sanjay Kr. Chaubey, advocate, Mr. S.K.Dixit, advocate For the State :

Prachi Pallavi, AC to Advocate General For the AG, Bihar : Mr. Satyendra Kr. Ojha, advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner as well as learned counsel appearing for the respondents. Learned counsel for the petitioner submits that on 26.7.2014 petitioner was served with order granting benefits of Modified Assured Career Progression (MACP), whereby and whereunder he was made aware of the punishment dated 25.9.2007. Prior to his superannuation on 29.2.2012 the petitioner had no intimation regarding the said punishment order. He therefore assails the effect of order dated 25.9.2007

Patna High Court CWJC No.5420 of 2015(2) dt.29-01-2019 2/2 received by him under communication dated 26.7.2014 much after his retirement.

It is his submission that in respect of his punishment dated 25.9.2007 he has filed his appeal before the Deputy Inspector General of Police, Saran Range, Siwan on 21.8.2014. However, the same has not yet been disposed of still date. Annexure 5 is a copy of petitioner's appeal. It appears that the appeal has been addressed to the wrong authority. However, said appeal has been forwarded to the Deputy Inspector General of Police, Saran Ranage, Chaprea (respondent no.5) as is apparent from the same.

Since a copy of the appeal filed by the petitioner way back in the year 2014 has already been sent to respondent no.5, this Court would observe that respondent no.5 be obliged to consider petitioner's appeal on it own merits and a decision is required to be taken by a reasoned and speaking order in accordance with law within a period of eight weeks from the date of receipt/production of a copy of this order. Writ petition stands disposed of.

(Madhuresh Prasad, J) Shashi U