Hazari Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4533 of 2018 ====================================================== Hazari Mahto son of Kamal Mahto, resident of Village- Bharwara, P.S.- Singhwara, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director General, Prosecution Directorate, Barak No. 5, Old Secretariat, Bihar, Patna.

3.

The Joint Secretary-cum- Joint Director, Prosecution Directorate, Bihar, Patna.

4.

The District Magistrate, Darbhanga.

5.

The District Prosecution Officer, Prosecution Directorate, Bihar, Patna. null null 6.

Senior Assistant Prosecution Officer, Prosecution Directorate, Bihar, Patna. 7.

The Assistant Prosecution Officer, District Prosecution Officer, Darbhanga. null null ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Keshari For the Respondent/s :

Mr. Md. N.H. Khan- Sc1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-06-2020 Heard Mr. Iqbal Asif Niazi, learned counsel appearing for the petitioner as well as Md. Haroon Qureshi, learned AC to SC 1 appearing for the State through video conferencing.

At the very outset learned counsel appearing for the petitioner very fairly submitted that Paragraph 7 of counter affidavit filed on behalf of the State goes to show that departmental proceedings was initiated against the petitioner and in the aforesaid departmental

Patna High Court CWJC No.4533 of 2018(3) dt.12-06-2020 2/2 proceeding punishment has been awarded to the petitioner. Therefore, in the aforesaid circumstance petitioner wants to withdraw this petition with liberty to challenge the punishment awarded to him in departmental proceeding before the appropriate forum. In view of the aforesaid submissions as well as facts and circumstances of the case, this petition stands dismissed as withdrawn with liberty to petitioner to challenge the punishment awarded to him in departmental proceeding in accordance with law before appropriate forum.

(Hemant Kumar Srivastava, J) GAURAV S./- U