Patna High CourtCWJC/4751/2015disposed

Nawal Kishore v. The State Of Bihar And ORS

2018-08-20Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4751 of 2015 =========================================================== Nawal Kishore Son of Late Chamari Ram resident of Mohalla- Arra Garden, Flat No. 404, Block-A, Sanjana Swanatam Apartment, Near Ginnee Motor Workshop, Jagdeo Path , Patna-14.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Water Resources , Govt. of Bihar, Patna.

2. The Engineer-in-Chief (North), Department of Water Resources, Government of Bihar, Patna.

3. The Chief Engineer, water Resources Government of Bihar, Anisabad ,Patna.

4. The Chief Engineer, Purnea Division, water Resources Government of Bihar, Patna.

5. The Superintending Engineer, Mahananda Flood Control Anchal, Katihar.

6. The Superintending Engineer, Mahananda Flood Control Anchal, Katihar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Respondent/s : Mr. Sandeep Kumar (GA8) =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 20-08-2018 Heard learned counsel for the petitioner and the respondent State.

2. Petitioner has challenged the order of punishment dated 24.12.2012 bearing memo no. 1427 issued by the under Secretary, Government of Bihar by which he has been awarded minor punishment. The order of punishment is Annexure 4 to the writ petition. He had also filed a review in the form of memorial before the authorities on 21.01.2013.

3. In the counter affidavit filed on behalf of the

Patna High Court CWJC No.4751 of 2015 dt.20-08-2018 2/2 respondents, the order dated 01.04.2015 disposing off the petitioner's review has been placed on record. Rejoinder has been filed by the petitioner without challenging disputing or denying the said order.

4. Counsel for the petitioner however, submits that liberty may be granted so that he may assail the said order in an appropriate proceeding.

5. The writ petition is dismissed with the liberty as aforesaid.

6. It is made clear that if the petitioner is desirous to avail the remedy, he should avail the same within a maximum period of two months from today.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date