Manoranjan Kumar Verma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.588 of 2018 In Civil Writ Jurisdiction Case No.15919 of 2006 ====================================================== Manoranjan Kumar Verma Son of Late Lala Satish Chandra Verma, Resident of Mohalla-Hasanpur, Chaintala Nahar Road, near Ashiana Shivam Apartment, P.O.-Bankipur, P.S.-Kadamkuan, District-Patna. ... ... Appellant/s

Versus

1.

The State Of Bihar through the Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar, Patna.

2.

The Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar, Patna.

3.

The Dy. Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar, Patna.

4.

The Secretary, Home Police Department, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. R.S. Pradhan, Sr. Advocate Mr.Sanjeev Nikesh, Advocate For the Respondent/s :

Mr.Prabhat Kumar Verma- AAG3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-11-2019 We find that the impugned judgment dated 27.03.2018 passed in C.W.J.C. No. 15919 of 2006 titled as "Manoranjan Kumar Verma Vs. The State of Bihar and others" to be cryptic for not assigning any reason, decipherable either from the record or from the order. The impugned judgment, in toto reads as under :- " Heard learned counsel for the parties.

The instant matter relates to departmental proceeding, altogether seven charges were framed

Patna High Court L.P.A No.588 of 2018(5) dt.19-11-2019 2/2 against the petitioner, out of them, six charges have been proved which led to passing of the impugned order of punishment dated 31st March, 2006 (Annexure-13) by which the Disciplinary Authority has brought down the petitioner to the minimum level of scale and stoppage of three annual increment cumulatively and it has been held that the petitioner will not be entitled to anything save and except subsistence allowance during the period of suspension. That order was challenged before the appellate authority who, after considering, rejected the appeal finding no merit in the same.

In view of the above, this Court does not find any merit in the present writ application and the same is, accordingly, dismissed."

As such, without adjudicating the petition on merit, we set aside and quash the impugned judgment dated 27.03.2018, passed in C.W.J.C. No. 15919 of 2006. Writ petition is restored to its original number and file be placed for hearing before appropriate court. Accordingly, the instant appeal stands allowed. (Sanjay Karol, CJ) (Dinesh Kumar Singh, J) Ashwini/DKS U