Abhiram Trivedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9651 of 2020 ====================================================== Abhiram Trivedi, Male, aged about 50 years, Son of Sri Ram Balak Trivedi, Resident of Pathakpuri, Bibiganj, Ward No. 7, P.O.- Bhagwanpur, P.S. Sadar, District - Muzaffarpur.

... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna.

2.

The Additional Chief Secretary, General Administration Department, Govt. of Bihar, New Secretariat, Patna.

3.

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

4.

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

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Bipin Bihari Singh, Adv.

For the Respondents :

Mr. Anil Kumar AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-06-2022 Heard learned counsel for the petitioner and learned AC to SC-8 for the State.

2. The prayer in the writ application is as follows:- "(i) That the present writ petition is for issuance of an appropriate writ/ writs in nature of mandamus for commanding and directing the concern authorities to consider, adjudicate and decide the Review Petition presented by way of memorial under Rule 24(ii) of Bihar CCA Rule, 2005 against the order awarding punishment of censor and withholding two increments without cumulative effects within reasonable time as order of punishment is suffered from the nullity on the facts, law and without consideration of his defense submitted against the enquiry reports under Departmental Proceeding No. 04/2017 despite the authorities

Patna High Court CWJC No.9651 of 2020(2) dt.30-06-2022 2/2 were required for proper consideration to facts elaborated before logical end of proceeding or awarding punishment with purposes to complete justice and for the other necessary relief/relief's on basis of the facts and circumstances of the case as discussed, enumerated and stated hereinafter."

3. A counter affidavit has been filed on behalf of the Respondent Nos. 2 to 4, wherein, the order dated 25-06-2020 passed on the Review application of the petitioner has been annexed as Annexure -A to the counter affidavit.

4. Without prejudice to the petitioner's right to question the correctness of the said order in appropriate proceedings, if so desired, the instant writ application is dismissed as having become infructuous.

(Madhuresh Prasad, J) shyambihari/- U