Vijay Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1285 of 2023 In Civil Writ Jurisdiction Case No.7050 of 2016 ====================================================== Vijay Kumar Sinha Son of Late Baijnath Sahay Resident of Road No. 8C, Ashok Nagar, Kankarbagh P.O. Kankarbagh, P.S. Kankarbagh, District-Patna. ... ... Petitioner

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.Sarvesh Kumar Singh (Aag 13) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2024 Defect(s) pointed out by the office is ignored.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. This petition has been filed for modification of order dated 19.01.2023 passed in C.W.J.C. No. 7050 of 2016 by this Court. By the said order, impugned order, as contained in Memo No. 297 dated 18.03.2016, was set aside.

4. 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counsel for the petitioner submits that by the impugned order dated 18.03.2016, the suspension of the petitioner was revoked and three punishments were inflicted upon him and as such, entire impugned memo may not be set aside.

5. Considering the aforesaid facts and circumstances

Patna High Court MJC No.1285 of 2023(2) dt.09-02-2024 2/2 as also submission of learned counsel for the petitioner, in the order dated 19.01.2023 passed in C.W.J.C. No.7050 of 2016, in place of "Accordingly, impugned order contained in Memo No. 297 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. 297 dated 18.03.2016, are hereby set aside".

6. Accordingly, order dated 19.01.2023 passed in C.W.J.C. No. 7050 of 2016 is modified to the above extent only and this petition is allowed.

(Prabhat Kumar Singh, J) Shashi U