Bisheshwar Nath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13960 of 2014 ====================================================== Bisheshwar Nath Singh, Son of Late Sheo Balak Singh, Resident of VillageBaliapatti, P.O.- Jalalpur, P.S.- Gautam Budha Nagar, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Secondary Education, Education Department, Government of Bihar, Patna.

4.

The Regional Deputy Director of Education, Saran Division, Chapra. 5.

The District Education Officer, Siwan, District- Siwan. 6.

The District Program Officer (Establishment), Siwan, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mrs. Binita Singh, SC-28 Mr. Vivek Anand Amritesh, AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-02-2024

1. The petitioner has filed the instant application for the following relief(s):- "1. (I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities for payment of salary of the writ petitioner with effect from 27.09.2000 till 12.02.2012 and other consequential monetary benefits for which the petitioner would have been entitled had he not been dismissed from the service by an illegal order of the Respondent Authorities. (II) For a declaration that since in view of the judgment and order dated 06.01.2012 passed in C.W.J.C. No.2161 of 2008, the departmental proceeding against the petitioner has been concluded in which no order of punishment has been passed

Patna High Court CWJC No.13960 of 2014(13) dt.21-02-2024 2/2 against the petitioner save and except that 20% pension of the petitioner has been stopped in view of the judgment and order dated 06.01.2012, the petitioner is not only entitled for payment of salary for the aforesaid period but he is also entitled for any other relief for which he would have been entitled, if he would have not been dismissed from service. (III) For issuance of any other appropriate writ/writs,order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.

(IV) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 09.05.2013 passed by the Respondent no.5 and contained in his memo no.544 dated 09.05.2023 whereby and where under the Respondent no.5 has been pleased to direct for withholding of 20% pension of the petitioner and he has been further pleased to direct that the petitioner would be entitled for payment of salary with effect from 26.03.2012 i.e. the date when his joining was accepted after his joining in service on reinstatement."

2. No one appears for the petitioner. Learned counsel for the respondents is present.

3. The case is dismissed for non-prosecution. (Partha Sarthy, J) avinash/- U