Patna High CourtCWJC/14030/2017disposed

Rajendra Sharma v. The State Of Bihar And ORS

2017-11-23Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14030 of 2017 =========================================================== Rajendra Sharma, S/o Late Ganauri Sharma, Resident of Village- Mubarakpur, P.O.-Maizra, P.S.- Ben, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Panchayat Raj Department, Bihar, Patna.

2. The District Magistrate, Nalanda.

3. The District Programme Officer, Establishment, Nalanda.

4. The District Panchayati Raj Officer, Nalanda.

5. The Block Development Officer, Ben, Nalanda.

6. The Block Education Extension Officer, Ben, Nalanda.

7. The Block Development Officer, Noorsarai, Nalanda.

8. The Sub Divisional Officer, Rajgir, Nalanda. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh, Adv. Mr. Parmeshwar Vishwakarma, Adv.

For the Respondent/s : Mr. Dhirendra Kumarr, AC to AAG-6 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 23-11-2017 Heard Mr. Ashok Kumar Singh, learned counsel appearing for the petitioner and Mr. Dhirendra Kumar, learned Assisting Counsel to Additional Advocate General No.6 for the State. The petitioner is aggrieved by the order of suspension bearing Memo No.1037 dated 4.9.2017 passed by the District Magistrate, Nalanda impugned at Annexure-8 as well as the consequential order passed by the Block Development Officer, Noorsarai bearing Memo No.1321 dated 5.9.2017 impugned at Annexure 9.

While the order of the District Magistrate, Nalanda dated 4.9.2017 refers to a direction passed by a co-ordinate Bench of this Court in MJC No.934 of 2016 issuing direction to the Block Development

Patna High Court CWJC No.14030 of 2017 dt.23-11-2017 Officer, Noorsarai/Ben to proceed against the Panchayat Secretaries, the consequential order of the Block Development Officer dated 5.9.2017 is in compliance thereof.

When this matter was taken up for consideration, Mr. Singh, learned counsel appearing for the petitioner has invited the attention of this Court to the order dated 13.9.2017 of the Bench in seisin of MJC No.934 of 2016 to submit that by the said order the Bench while disposing of the contempt application has given liberty to the Panchayat Secretary facing suspension to represent before the District Magistrate, Nalanda for revocation of his suspension.

In the circumstances noticed, this writ petition is disposed of in the light of the liberty granted by a co-ordinate Bench of this Court in MJC No.934 of 2016 allowing the petitioner to represent for revocation of his suspension before the District Magistrate, Nalanda and who shall consider and dispose of the same in accordance with law within four weeks from the date of its filing.

The writ petition is disposed of.

(Jyoti Saran, J) SKPathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.11.2017 Transmission Date NA