Srikant Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4006 of 2015 ====================================================== Srikant Prasad Singh, son of Late Mohan Prasad Singh, resident of VillageDakhali Tola, P.O. Khawaspur, P.S. Peerpaiti, District Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate, Sitamarhi.

4.

The Sub- Divisonal Officer, Pupri, Sitamarhi. 5.

The Block Development Officer, Runnisaidpur, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajey Kumar, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-09-2017 In the present writ application, the following relief has been sought for on behalf of the petitioner.

"1. That this is an application for issuance of a writ of certiorari for quashing the order contained in Memo No.450, dated 16.5.2007 (Annexure-4) passed by Respondent No.3 by which in pursuance of a departmental proceeding order of punishment against petitioner has been passed i.e. stoppage of two increments with cummulative effect even without giving enquiry report of second show cause notice to petitioner and also for issuance of an order/direction directing/commanding the respondents to allow the petitioner consequential benefits in accordance with

Patna High Court CWJC No.4006 of 2015(4) dt.12-09-2017 2/2 law, as if the impugned order has not been given effect and be further pleased to grant such other relief or reliefs to which petitioner is found entitled in the eyes of law."

Considering the relief sought for on behalf of the petitioner, the petitioner is directed to file an appeal before the competent authority within a period of 45 days. It has further been submitted on behalf of the petitioner that the entire departmental proceeding was initiated in violation to the Rules 17 and 18(3) of the Bihar C.C.A. Rules, 2005. The Appellate Authority shall consider the appeal of the petitioner and pass a reasoned order in accordance with law. With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U