Hare Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10734 of 2020 ====================================================== Hare Ram Yadav Son of Late Nagina Yadav Resident of Village- Simri, Dudhipatti, 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 Officer cum- Circle Officer, Simri, District- Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar For the Respondent/s :

Mr. Lalit Kishore ( Ag ) :

Mr. Manish Kumar, GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 12-01-2022 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 prayed for the following relief/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. 02-2014 dated 30.11.2018 issued under the signature of District Magistrate, Buxar whereby and where under it is observed that after conclusion of departmental proceedings 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 issuance of order under Rule

Patna High Court CWJC No.10734 of 2020 dt.12-01-2022 2/2 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 upon 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 is stated to have submitted statutory appeal before the Appellate Authority against the order dated 30th November, 2018.

4. The Appellate Authority is hereby directed to consider and pass a speaking order on the petitioner's appeal within a period of three months from the date of receipt of this order.

5. Accordingly, writ petition stands disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 19.01.2022 Transmission Date