Vijay Kumar Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13263 of 2013 ====================================================== Vijay Kumar Mandal S/ Late Sukhdeo Prasad Mandal, resident of vllageMurgiachak, P.O. + P.S. + District- Nalanda, presently posted as Panchayat Sachiv Biharsharif Block Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna

2. The District Magistrate, Nalanda

3. The District Panchayati Raj Officer, Nalanda

4. The Block Development Officer, Biharsharif, Nalanda .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s : Kalpana, AC to GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-11-2016 No one was present on behalf of the petitioner on 17th November 2016. Today also no one is present on behalf of the petitioner to press this petition. The counsel for the State is present. The Court has no other alternative but to dispose of the case on it merit.

In this case, the petitioner is seeking benefit arising from the A.C.P. or M.A.C.P., claiming that he is entitled to the benefit of A.C.P. as he has completed ten years of service on 6th October 2007 but he has been deprived of the benefit of A.C.P. A counter affidavit has been filed where it has been submitted that for misappropriation, a departmental proceeding has been initiated against the petitioner and on that ground, the

Patna High Court CWJC No.13263 of 2013 (4) dt.21-11-2016 2/2 authority has passed the order against him.

In such view of the matter, after disposal of the departmental proceeding, the authority will take decision in accordance with law.

With the above observation/direction, this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- U