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Patna High CourtCWJC/905/2018dismissed

Ambika Choudhary v. The State Of Bihar And ORS

2023-01-03Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.905 of 2018 ====================================================== Ambika Choudhary Son of late Bhadai Choudhary Resident of Village - Karmaini Khurd, P.O. - Maidhara, P.S. - Bikramganj, District - Rohtas Sasaram at present Choudhary Residency, Kusumpuram Colony near Leeds Asian School, Bailey Road, P.O. - Danapur Cantt., District - Patna - 801503. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

The Secretary, Rural Works Department, Government of Bihar, Patna. 3.

The Joint Secretary to the Government, Bihar, Patna. 4.

The Special Secretary, Rural Works Department, Government of Bihar, Patna.

5.

The Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna.

6.

The Superintending Engineer-cum-Conducting officer, Drafting Bridge, Rural Works Department, Bihar, 7.

The Superintending Engineer, Rural Works Department, Works Circle - 2, Sasaram, Bihar.

8.

The Executive Engineer, Rural Works Department, Works Division - 2, Ara, Bihar, Patna.

9.

The Assistant Engineer-cum-Presenting Officer, Rural Works Division - 2, Ara, Bihar, Patna.

10.

The Special Works Officer of Rural Works Department, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra, Advocate For the Respondent/s :

Mr. Manish Kumar, AC to AAG6 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and the State. Pursuant to the order of this Court dated 22.7.2017 (Annexure 12), passed in LPA No. 49 of 2017, petitioner had preferred appeal before the the Appellate Authority, i.e., the Secretary, Rural Works Department, Government of Bihar

Patna High Court CWJC No.905 of 2018(5) dt.03-01-2023 2/3 (respondent no.1) which was dismissed vide order dated 18.12.2017 (Annexure 13).

From perusal of the memo of appeal, it appears that the petitioner has not made out any ground as to how his case is similar to that of his senior officer, namely, Ram Bilash Sharma, who was awarded lesser punishment. Defence of the petitioner is that since his senior officer has been awarded lesser punishment, therefore, he should also be given similar treatment.

While dismissing the appeal, the Appellate Authority has stated that at the relevant time the petitioner was working as Junior Engineer in the department and he has been found guilty of excess entry of the work. It has been observed that being Junior Engineer it was the duty of the petitioner to enter correct measurement of the work done in the measurement book. The Appellate Authority has specifically held that the entry of work in question in the measurement book is the main responsibility of the petitioner and not of his senior officer, as such, severe punishment awarded to him is justified.

Considering the fact that the petitioner has not made out a case showing similarity with the case of his senior officer who has been awarded lesser punishment as also the fact that

Patna High Court CWJC No.905 of 2018(5) dt.03-01-2023 3/3 the Appellate Authority has given ample reasoning for upholding the punishment order, I do not find any merit in the writ petition. It is dismissed accordingly.

(Prabhat Kumar Singh, J) Shashi U