Sharwan Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13247 of 2021 ====================================================== Sharwan Kumar Sah S/o Late Champa Lal Sah, Resident of Ward No. 22 Khagra, P.O., P.S. and District - Kishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

3.

The District Magistrate, District - Kishanganj. 4.

The Sub Divisional Officer, District - Kishanganj. 5.

The Deputy Collector, District Establishment, District - Kishanganj. 6.

The Deputy Collector, Land Reforms, District - Kishanganj. 7.

The District Transport Officer-cum-Conducting Officer, District - Kishanganj.

8.

The District Panchayati Raj Officer-cum-conducting Officer, District - Kishanganj.

9.

The Block Development Officer, Thakurganj, District - Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Giri, Advocate For the Respondent/s :

Mr.Md. Nadim Seraj (GP-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-11-2023 The present writ petition has been filed seeking the following reliefs:- "1. i. To issue a writ of Certiorari for quashing of memo no.251 dated 15.06.2020 issued by the respondent no. 3 whereby and whereunder the petitioner has been punished with stoppage of two increments with non cumulative

Patna High Court CWJC No.13247 of 2021(2) dt.30-11-2023 2/3 effect, as annexed in Annexure-8.

ii. To issue a writ of Mandamus commanding the respondents to pay the full salary of the petitioner with all consequential benefits till the date of the punishment order dated 15.06.2020 and also continuously with his regular monthly salary without deduction of the two increments."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 15.06.2020 passed by the District Magistrate, Kishanganj, by filing appropriate appeal.

3.

Having regard to the limited prayer made by the petitioner in the present writ petition, I deem it fit and proper to grant liberty to the petitioner to file appropriate appeal challenging the aforesaid order dated 15.06.2020 and in case the same is filed within a period of four weeks from today, the appellate authority shall consider the same on merits, without being impeded by the issue of limitation and dispose off the same by passing a reasoned and a speaking order, in

Patna High Court CWJC No.13247 of 2021(2) dt.30-11-2023 3/3 accordance with law, within a period of eight weeks, thereafter.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U