Amod Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12155 of 2012 ====================================================== Amod Kumar Singh, Son of Late Janardan Prasad Singh, Resident of Village And Post- Jogiara, Via- Anandpur, Police Station-Bahadurpur, DistrictDarbhanga, at present working as Revenue Karamchari, C/O Circle Officer, Hayaghat Anchal, Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Bihar, Patna 2.

The Commissioner, Darbhanga Division, Darbhanga 3.

The Collector, Darbhanga 4.

The Additional Collector, Darbhanga 5.

The Circle Officer, Kusheshwarsthan, Darbhanga 6.

The Deputy Collector, Land Reforms, Kusheshwarasthan, Darbhanga 7.

The Circle Officer, Hayaghat, Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushalesh Choudhary, Advocate For the Respondent/s :

Mr.Rajesh Kumar, SC-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 15-02-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. Learned counsel for the petitioner submits that copy of the inquiry report has not been supplied to the petitioner and the petitioner has obtained the same after filing a Chirkut for the same after two months of the punishment order.

3. Pursuant to the direction of this Court dated 25.01.2024, the State has produced the original record of the proceeding with respect to the petitioner and after going through

Patna High Court CWJC No.12155 of 2012 dt.15-02-2024 2/2 the entire records it appears that the respondent authorities have never supplied the copy of the inquiry report to the petitioner and there is clear cut violation of Rule 18(3) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005.

4. Considering the aforesaid, the order dated 12.05.2012, passed by the Commissioner Darbhanga Division, Darbhanga (Annexure-23) and the order dated 29.03.2007, passed by the District Magistrate, Darbhanga (Annexure-20) are set aside and the State authorities are directed to supply a copy of the inquiry report to the petitioner and start the proceeding at the stage of second show cause notice and concluded the entire proceedings within six months from the date of production of the copy of the order.

5. The writ application is accordingly disposed of. (Rajesh Kumar Verma, J) Rajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.02.2024 Transmission Date