Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10497 of 2025 ====================================================== Ashutosh Kumar, Son of Ram Lagan Ram, resident of Village- Ginji, Police Station- Ghosi in the district of Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna.

2.

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

The Inspector General, Prison, Bihar, Patna.

4.

The Assistant Inspector General, Prison (HQ), Bihar, Patna. 5.

The Superintendent, Central Jail, Purnea.

6.

The Superintendent, District Jail, Gopalganj. 7.

The Superintendent, District Jail, Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Respondent/s :

Mr. Addl. Advocate General-03 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-07-2025 Heard the parties.

2. The challenge in the present writ petition is made to an order as contained in Memo No. 5493 dated 18.07.2024 issued under the signature of I.G. Prison, Bihar, Patna whereby the petitioner has been removed from service.

3. Mr. Sunil Kumar, learned Advocate for the petitioner while challenging the impugned order has submitted that apart from the same is in complete disregard to the principles of natural justice, all the mandatory provisions under the Bihar Government Servants (Classification, Control and

Patna High Court CWJC No.10497 of 2025(2) dt.10-07-2025 2/2 Appeal) Rules, 2005 have been given a complete go by. However, he fairly contended that against the order of removal the petitioner has preferred appeal, which is pending before the respondent no. 2 and till date, the same has not been brought to its logical conclusion.

4. Considering the grievance of the petitioner and taking note of the fact that the appeal preferred by the petitioner is pending consideration, this Court deems it fit and proper to dispose off the writ petition with a direction to the respondent no. 2 to take up the appeal preferred by the petitioner and bring to its logical conclusion, after considering all the grounds raised in the memo of appeal as also the grounds taken in the present writ petition, preferably within a period of twelve weeks from the date of receipt/production of a copy of this order.

5. This disposes the writ petition.

(Harish Kumar, J) supratim/- U