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Patna High CourtCWJC/13678/2019disposed

Masqoor Alam Khan v. The State Of Bihar

2024-02-06Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3563 of 2019 ====================================================== Masqoor Alam Khan, Son of Sri Maqsood Alam Khan resident of Village Chorma, P.S. Pakridayal, District East Champaran, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2.

The Secretary, Food and Consumer Protection Department Government of Bihar, Patna.

3.

The Managing Director, Food and Civil Supplies Corporation Ltd. Khadya Bhawan, Daroga Rai Prasad Path, Patna.

4.

The Special Secretary, Food and Consumer Protection Department Government of Bihar, Patna.

5.

The Deputy Director (Food) Patna Division, Patna cum Conducting Officer Food and Consumer Protection Department, Government of Bihar, Patna. 6.

Chief of Administration, B.S.F.C. Patna.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 4615 of 2019 ====================================================== Masqoor Alam Khan, Son of Sri Maqsood Alam Khan, Resident of VillageChorma, P.S. Pakridayal, District East Champaran, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Food and Consumer Protection Department, Government, Government of Bihar, Patna 3.

The Special Secretary, Food and Consumer protection Department, Government of Bihar, Patna 4.

The Deputy Director, (Food), Patna Division, Patna ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 13678 of 2019 ====================================================== Masqoor Alam Khan, S/o Sri Maqsood Alam Khan Vill.- Chorma, P.s.- Pakridayal, Distt.- East Champaran, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna 2.

The Secretary Food and Consumer Protection Department, Govt. of Bihar, Patna 3.

The Additional Secretary Food and Consumer Protection Department, Govt.

Patna High Court CWJC No.3563 of 2019(10) dt.06-02-2024 2/3 of Bihar, Patna 4.

The Managing Director Bihar State Food and Civil Supply Corporation Ltd. Khadya Bhawan, Daroga Rai Prasad Path, Patna 5.

The Deputy General Manager (Administration) Bihar State Food and Civil Supply Corporation Ltd. Khadya Bhawan, Daroga Rai Prasad Path, Patna 6.

The Director Directorate of Consumer Protection, Govt. of Bihar, Patna 7.

The District Manager State Food Corporation District Bhojpur, Ara, Bihar ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 3563 of 2019) For the Petitioner/s :

Mr. Prabhat Ranjan, Adv.

For the Respondent/s :

Mr. Vishwambhar Prasad, (AC to AAG-5) For BSFC :

Mr. Shailendra Kumar Singh, Adv.

(In Civil Writ Jurisdiction Case No. 4615 of 2019) For the Petitioner/s :

Mr. Prabhat Ranjan, Adv.

For the Respondent/s :

Mr. Arvind Ujjwal (SC-4) For BSFC :

Mr. Shailendra Kumar Singh, Adv.

(In Civil Writ Jurisdiction Case No. 13678 of 2019) For the Petitioner/s :

Mr. Prabhat Ranjan, Adv.

For the Respondent/s :

Mr. Arvind Ujjwal (SC-4) For BSFC :

Mr. Shailendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner, learned counsel for the respondents and learned counsel for the Bihar State Food and Civil Supply Corporation Ltd.

2. In all the three writ petitions, following are the reliefs:- (i) For quashing of the memo of charge framed by the Managing Director, Bihar State food and Civil Supplies Corporation dated 15.03.2017 (Annexure-3), consequential letter No. 2494 dated 16.03.2017 (Annexure-4) and for quashing of the consequential order bearing Memo No. 2657 dated 31.05.2017 (Annexure-5).

Patna High Court CWJC No.3563 of 2019(10) dt.06-02-2024 3/3 (ii) For commanding the respondents to revoke the order of suspension bearing Memo No. 968 dated 09.02.2016 (Annexure-2) and also directing the respondents to release the arrears of subsistence allowance after the revision of the same till 09.09.2016 and thereafter, a direction for release of the salary for the period since 10.09.2016 till date. (iii) For quashing of the Memo No. 2514 dated 07.06.2019 (Annexure-9). And also for quashing of the letter No. 5788 dated 03.06.2019 (Annexure-10).

3. It is admitted that the departmental proceeding has not been concluded in any of the cases. Therefore, this Court is not inclined to entertain all the three writ petitions at this stage.

4. Direction is being given to the respondent authority to conclude the entire departmental proceeding within 60 days from today.

5. The petitioner shall be at liberty to challenge the same at appropriate stage.

6. With the aforesaid observations and directions, this writ petition is hereby disposed off.

(Dr. Anshuman, J.) Divyansh/- U