Baidyanath Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 4116 of 2016 ====================================================== Baidyanath Jha, Son of Late Laxmikant Jha, resident of Ward No 6, Riphyuzee Colony, P.S. Bangun, Distt - Saharsa ... ... Petitioner/s

Versus

1.

The State Of Bihar through its Chief Secretary 2.

Inspector General Registration, Bihar, Patna 3.

Collector - Cum - District Registrar, Saharsa 4.

Assistant Inspector General, Registration, Koshi Division at Saharsa 5.

6.

District Sub - Registrar, Saharsa Principal Secretary, Registration, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Respondent/s :

Mr.Vivek Prasad- Gp18 ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-06-2019 Learned counsel for the petitioner is permitted to implead Principal Secretary (Registration), Bihar, Patna as respondent No 6 to this writ petition.

Heard learned counsel for the petitioner and the respondent-State.

Withholding of 1% pension of petitioner is by way of punishment.

Since, Rule 23 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 provides forum of appeal against punishment, appeal of the petitioner against the order passed by the Inspector General (Registration) would

Patna High Court CWJC No.4116 of 2016(5) dt.20-06-2019 2/2 lie before the Principal Secretary of the Department. Petitioner, therefore, is granted liberty to approach the Principal Secretary (Registration) (respondent No 6) by filing his appeal against the order of punishment dated 24.09.2015. If such appeal is filed by the petitioner within a period of four weeks from today, respondent No 6 shall consider the same upon its own merit and dispose it of by reasoned and speaking order in accordance with law, without raising the issue of the same being barred by delay.

Writ petition stands disposed of.

Final decision should be taken by respondent No 6 within a period of six months from today.

(Madhuresh Prasad, J) M.E.H./- U