Md. Blaghuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.156 of 2018 ====================================================== Md. Blaghuddin S/o Late Gholam Arif, R/o Vill.- Manorwa, P.O.- Sohma, P.S.- Bithan, District- Samastipur, at present posted as District Supply Officer, Sheikhpura.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

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

3.

Learned Lokayukta Institution, Bihar through its Secretary, Bailey Road, Patna.

4.

The District Magistrate, Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Singh, Advocate For the Respondent/s :

Mr.Md. N.H. Khan- SC1 :

Ms. Babita Kumar, AC to SC 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 08-08-2023 1.

The present petition has been filed seeking the following relief :- "(i) For issuance of an appropriate Writ(s)/ Direction(s)/ Order(s) to restrain the learned Lokayukata ( Resp. No.- 02) to proceed further in Complain No. 1/Lok (Panchayat) 29/2011 (Mathura Prasad Singh Vs The District Magistrate, Vaishali) against the petitioner, as the General Administrative Department, Govt. of Bihar, Patna has already conducted the enquiry against petitioner from the Commissioner, Tirhut Division, Muzaffarpur, in the same matter as

Patna High Court CWJC No.156 of 2018 dt.08-08-2023 2/3 per the order/direction of this Hon'ble Court and after proper enquiry in department proceedings, nothing has been found against the petitioner and petitioner has been exonerated in the proceeding."

2.

At the outset, the learned counsel for the respondent- State has submitted by referring to the counter affidavit, filed on behalf of respondent no. 4, which is dated 06.02.2023, that the disciplinary authority has closed the file pertaining to allegations levelled against the petitioner, upon having found the allegations levelled against the petitioner to be of administrative nature as also having found the allegations to have not been proved. In such view of the matter, it is admitted by the respondents that the Complaint case bearing Complain no. 1/Lok (Panchayat) 29/11 (Mathura Prasad Singh v. The District Magistrate, Vaishali), pending before the learned Lokayukta, Bihar, Patna has lost its efficacy. 3.

At this juncture, the learned counsel for the petitioner has also submitted that the initiation of proceedings by the learned Lokayukta, Bihar, Patna is also barred under Section 29(5)(a)(b) of the Bihar Lokayukta Act, 2011, inasmuch as the petitioner has been exonerated of all the charges levelled against him vide resolution dated 22.07.2015,

Patna High Court CWJC No.156 of 2018 dt.08-08-2023 3/3 issued under the signature of the Additional Secretary, General Administrative Department, Government of Bihar, Patna. 4.

Having regard to the aforesaid facts and circumstances of the case, this Court is of the view that since the allegations levelled against the petitioner by the State Government have not stood proved and moreover, the petitioner has also been exonerated vide the aforesaid resolution dated 22.07.2015, the proceedings, pending before the learned Lokayukta, Bihar, Patna has lost its efficacy. In such view of the matter, the present writ petition stands disposed off. (Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.08.2023 Transmission Date NA