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Patna High CourtMJC/1276/2023allowed

Sanjay Kumar v. The State Of Bihar

2024-01-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1276 of 2023 In Civil Writ Jurisdiction Case No.8174 of 2016 ====================================================== Sanjay Kumar Son of Late Ram Swaroop Sharma Resident of Plot No. 112, Road No. 21, Sri Krishna Nagar, P.O. G.P.O., P.S.- Buddha Colony, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Agriculture Production Commissioner, New Secretariat, Patna. Bihar. 3.

The Principal Secretary, New Secretariat, Patna, Bihar. 4.

The Secretary, Department of Agriculture, Government of Bihar, New Secretariat, Patna.

5.

The Director Agriculture, Bihar, Patna.

6.

The Joint Agriculture Director (Agronomy), Saran Division, Chapra. 7.

The District Agriculture Officer, Saran, Chapra. 8.

The Sub Divisional Agriculture Officer, Saran, Chapra. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Raghwanand (GA - 11) Mr.Rajnish Shandilya, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. This petition has been filed for modification of order dated 12.01.2023 passed in C.W.J.C. No. 8174 of 2016 by this Court. By the said order, impugned order, as contained in Memo No. 298 dated 18.03.2016, was set aside.

3. Learned counsel for the petitioner submits that by the impugned order dated 18.03.2016, the suspension of the petitioner was revoked and three punishments were inflicted

Patna High Court MJC No.1276 of 2023(3) dt.12-01-2024 2/2 upon the petitioner and as such, entire impugned memo may not be set aside.

4. Considering the aforesaid facts and circumstances as also submission of learned counsel for the petitioner, in the order dated 12.01.2023 passed in C.W.J.C. No. 8174 of 2016, in place of "Accordingly, impugned order contained in Memo No. 298 dated 18.03.2016 is set aside", following may be read: "Accordingly, three punishments inflicted upon the petitioner, vide impugned order contained in Memo No. 298 dated 18.03.2016, are hereby set aside".

5. Accordingly, order dated 12.01.2023 passed in C.W.J.C. No. 8174 of 2016 is modified to the above extent only and this petition is allowed.

(Prabhat Kumar Singh, J) anay/- U