Bir Bhajan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10591 of 2020 ====================================================== Bir Bhajan Yadav Son of Late Singhashan Yadav, Resident of VillageAkauna, Police Station-Simri, District-Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

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

The Commissioner, Patna Division, Patna.

4.

The District Magistrate, Patna.

5.

The Conducting Officer-cum-Sub-Divisional Officer, Dumraon, DistrictBuxar. 6.

The Representing Office cum-Circle Officer, Simri, District-Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar For the Respondent/s :

Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 11-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has sought for following reliefs:

" I. For issuance of a writ in the nature of certiorari or any other appropriate writ, for quashing of the order as contained in Memo no. 02-2012 dated 30.11.2018 issued under the signature of District Magistrate, Buxar whereby and whereunder it is observed that after conclusion of departmental proceeding in the enquiry report all the charges levelled against the petitioner are found to be fully proved and hence in light of above, the District Magistrate, Buxar inflicted punishment of dismissal from the post of Chaukidar with effect from the date of

Patna High Court CWJC No.10591 of 2020 dt.11-01-2022 2/2 issuance of order under Rule 14(xi) of Bihar Government Servant (Classification control and Appeal) (Amendment) Rule 2007.

II. For issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding upon the Respondents to reinstate the petitioner on the post of Chaukidar w.e.f. 30.11.2018 as the punishment of dismissal has been passed on the basis of wrong assumption of facts, is evident from proceeding conducted against the petitioner.

III. For holding that the order of dismissal passed against the petitioner is totally illegal and not sustainable in the eye of law, as is based only conjecture and surmises and on wrong assumption of facts.

IV. For issuance of any other writ or direction which your Lordships may deem fit and proper in the facts and circumstances of the case."

3. Petitioner has admitted that he had preferred appeal against the order dated 30th November, 2018 of the District Magistrate, Buxar.

4. The appellate authority is hereby directed to decide the petitioner's appeal within a period of four months from the date of receipt of this order and communicate the decision to the petitioner.

5. With the above observations, the instant petition stands disposed of.

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