Vinoba Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11851 of 2013 ====================================================== Vinoba Kumar son of late Lakhan Lal Singh resident of village- Kharuara, P.O.- Chero, P.S. Harnaut, District- Nalanda ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Nalanda At Bihar Sharif 3.

The Deputy Collector, Establishment, Nalanda At Bihar Sharif 4.

The District Panchayat Raj Officer, Nalanda 5.

Teh District Transport Officer, Nalanda 6.

The Block Development Officer, Ekangarsarai, Nalanda 7.

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

For the Petitioner/s :

Mr. Umesh Kumar Verma, Advocate For the Respondent/s :

Mr. Rajendra Kr. Jha, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2017 In the present writ application, the following reliefs have been sought for on behalf of the petitioner.

(i) To issue a writ in the nature of certiorari for quashing the punishment order bearing Memo No.650 dated 22.04.2011 (Annexure-8), whereby and whereunder the following punishment have been imposed upon the petitioner. (a) Three annual increment have been withheld with commulative effect.

(b) No other payment will be given for the suspension period except subsistence allowance.

(ii) To issue a writ in the nature of certiorari to quash the entire departmental proceeding which has been conducted in

Patna High Court CWJC No.11851 of 2013(3) dt.07-09-2017 2/2 violation of non payment of subsistence allowance during suspension period.

Considering the reliefs sought for on behalf of the petitioner, the petitioner is directed to file an appeal under Rule 23 of Bihar C.C.A. Rules, 2005 within a period of 45 days before the competent Appellate Authority. On filing of such appeal, the Appellate Authority shall take into account the Rule 27 of the Bihar C.C.A. Rules, 2005 and pass an order in accordance with law. The Appellate Authority shall consider and pass the appropriate order preferably within a period of five months from the date of filing of such appeal. With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U