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Patna High CourtCWJC/1213/2018disposed

Hemant Kumar Sinha v. The State Of Bihar And ORS

2022-10-17Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1213 of 2018 ====================================================== Hemant Kumar Sinha, Son of Krishna Kant Sinha, resident of village - Maheshpur, Post - Gehuni, Police Station - Teghra, District - Begusarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Biar, Patna 2.

The Principal Secretary, Department of Health, Government of Bihar, Patna. 3.

The Secretary, Department of Health, Government of Bihar, Patna. 4.

The Deputy Secretary, Department of Health, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Rajeev Shekhar, Advocate For the State :

Mr.Rais Kumar, AC to G.P.-13 Mr. Ajit Anand, AC to G.P.-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2022 Counsel for the petitioner submits that impugned order, whereby 10% pension of the petitioner has been withheld is unsustainable in law, as it is without considering the petitioner's reply to the second show cause notice. The Court would find that the petitioner has approached this Court directly without availing the remedy of review by way of memorial under Rule 24(2) of the Bihar Civil Services (Classification, Control & Appeal) Rules. For availing the said remedy, the writ application is disposed of.

If the petitioner files a review within four weeks, the authority will be under an obligation to consider the same and

Patna High Court CWJC No.1213 of 2018(3) dt.17-10-2022 2/2 pass a reasoned and speaking order within eight weeks thereafter.

(Madhuresh Prasad, J) PNM U