Kripa Shankar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13479 of 2019 ====================================================== Kripa Shankar Pandey S/o Late Chakradhar Pandey Resident of Kamalnagar Colony, P.S.- Mojahidpur, Kutubganj, Dist.- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Home, Govt of Bihar, Patna.

2.

Home Commissioner Govt. of Bihar, Patna.

3.

I.G Prison Home Department, Govt. of Bihar, Patna. 4.

Director Home (Jail), Govt. of Bihar, Patna.

5.

Commissioner Purnia Division, Purnia, Bihar.

6.

The Jail Superintendent Betia Dist.- Betia, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kr. Sinha, Sr. Advocate :

Mr. Dilip Kumar Singh, Advocate For the Respondent/s :

Mr.Md.N.H.Khan (Sc1) :

Mr. Fazle Karim (AC to SC 1) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-06-2022 Though, the present writ petition has been filed for directing the respondents to pay the outstanding retiral dues, which have not be paid on account of passing of the order of punishment dated 09.01.2019 (issued vide Memo no. 276), whereby and whereunder punishment of deduction of 50% pension permanently has been inflicted upon the petitioner and consequently, the petitioner has only been paid 50% of the pension amount, however the said order dated 09.01.2019 as also the order rejecting the review petition of the petitioner dated 18.07.2019 (issued vide Memo no. 6254) have not been

Patna High Court CWJC No.13479 of 2019(11) dt.23-06-2022 2/2 challenged by the petitioner in the present proceedings. The learned Senior counsel for the petitioner seeks liberty to challenge the said orders dated 09.01.2019 and 18.07.2019.

Liberty so sought, is granted.

At this juncture, the learned counsel for the petitioner submits that the order of punishment dated 09.01.2019 itself suggests that a decision regarding suspension period of the petitioner shall be taken later on, however no final decision has been taken despite show cause in that regard having been asked from the petitioner and the petitioner having replied to the same. In this regard, the respondents are directed to take appropriate decision in accordance with law, within a period of four weeks from today.

The writ petition stands disposed off with liberty to the petitioner to challenge the order of punishment dated 09.01.2019 as also the order rejecting review petition dated 18.07.2019.

(Mohit Kumar Shah, J) rinkee/- U