Baban Kumar Chaudhary v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13925 of 2021 ====================================================== Baban Kumar Chaudhary S/o Laxmi Chaudhary, Resident of Village and P.O. - Jagatpur, P.S.- Rahika, District - Madhubani, At present designated post as constable SSB, No. 1702441399 (Bihar).

... ... Petitioner/s

Versus

1.

The Union of India through the Director General of SSB, R.K.Puram, New Delhi.

2.

Inspector General, Siligori, West Bengal Frontier. 3.

Deputy Inspector General of S.S.B., Jalpaiguri, West Bengal. 4.

Commandant 17th Bataliyan S.S.B., Falakata, West Bengal. 5.

Mr. Rishikesh Kumar Srivastava, 2nd In-Commandant 17th Bataliyan S.S.B., Falakata, West Bengal.

6.

Mr. B.B.Singh, Deputy Commandant (Medical) Falakata, West Bengal. 7.

Mrs. Ahuti Singh, Assistant Commandant (Medical), 53rd Bn. Simalabari, West Bengal.

8.

Inspector General of S.S.B., Patna Frontier, Patna. 9.

Deputy Inspector General Muzaffarpur Sector, Head Quator, Muzafferpur, Bihar.

10.

Mr. Rajan Kumar Srivastava, 2nd in Commandant 51th Bn. SSB, Sitamarhi (II) Industrial Area, Bihar, namely Ranjan Kumar Srivastava. 11.

Mr. Abhishek Kumar Singh, Inspector Administrator, 51th Bn. SSB, SSB, Sitamarhi (II), Industrial Area, Bihar, namely Abhishek Kumar Singh. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Kumar, Advocate For the Respondent/s (UOI):

Mr.Dr. K.N. Singh, Sr. Advocate (Asg) Mr. Anshuman Singh, Advocate CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 01-12-2021 Heard the learned counsels for the parties.

2. In the present petition, petitioner has prayed for following reliefs:

"i. For issuance of appropriate writ in the nature of mandamus and directing and commanding the respondent

Patna High Court CWJC No.13925 of 2021 dt.01-12-2021 2/3 authorities to conform the probation period of the petitioner. Whereby and whereunder the respondents have maliously physically and mentally harassed to the petitioner as well as his wife also along with false allegations i.e.

indiscipline, Psychiatric etc. against the petitioner. Due to such activities of the respondents have not conform the probation period. It would be conformed due to false allegations and as such the probation period extended on 31.08.2020.

Again probation order was passed on 11.09.2020 up to extended to 28.02.2021.

(ii) For further prayed that to make independent inquiry against the respondents who have involved such conspiracy in collusion with other officials. After inquiry may penalized them all the convicts/ accordance with law.

(iii) For further direction that respondent authorities if report is favour of the petitioner then may quash several charges against the petitioner as well as his wife.

(iv) Any other relief/relief as your lordships may deem fit and proper."

3. Grievance of the petitioner is pending consideration before the appointing authority for the purpose of declaration of probation period of the petitioner.

4. Learned counsel for the respondent, on instruction, submitted that petitioner is alleged to have misbehaved while he was in service.

5. It is submitted that enquiry has not initiated as on

Patna High Court CWJC No.13925 of 2021 dt.01-12-2021 3/3 this date.

6. Undisputedly, as on this date, charge of memo has not been issued. Therefore, the concerned respondent/appointing authority is hereby directed to take a decision on the petitioner's grievance within a period of one month from the date of receipt of copy of this order. In the event of any initiation of enquiry, the same shall be initiated and concluded within a period of three months, otherwise redress the petitioner's grievance within the aforesaid time limit.

with the above observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 07.12.2021 Transmission Date