Shankarjee Kishore v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9919 of 2011 ===========================================================

1. Shankarjee Kishore son of Sri Raghunath Chaudhary at present working as Beauro Chief , Vaishali, resident of mohalla- Naya Tola ,P.O. And P.S. Hajipur, Dist. Vaishali .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Collector, Vaishali

2. The Collector Vaishali, At Hajipur

3. The Director Public Relations Deptt. Govt. Of Bihar, Patna office at Information Building, Bailey Road, Patna

4. The Joint Director, Public Relations Department Govt. Of Bihar office at Information Building ,Bailey Road, Patna

5. District Public Relations Officer, Vaishali, At Hajipur

6. Auditor Sanmarg, Rahmani Complex, Exhibition Road, Patna

7. Ajit Chaudhary son of Not Known to the petitioner, at present working as Information Clerk, Public Relations Office, Vaishali, At Hajipur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner : Mr. Ratan Kumar Sinha For the State : AC to GP-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 09-09-2015 Heard Mr. Ratan Kumar Sinha for the petitioner and AC to GP-9 for the State.

A counter affidavit has been filed by the respondent no.3. No rejoinder thereto has been filed by the petitioner. The writ application is directed against the order contained in letter bearing no. 160 dated 09.05.2011 issued by the District Magistrate, Vaishali whereby the press certificate issued to the petitioner on 5.9.2009 was withdrawn/cancelled. The action was

Patna High Court CWJC No.9919 of 2011 dt.09-09-2015 2/3 taken under Rule 16 of the Bihar Patra Pratinidhi Manyata Niyamawali, 2008 (for short „the Niyamawali). On perusal of the Niyamawali, it appears that if the accreditation of the person by the concerned newspaper is withdrawn or person has resigned from the newspaper the certificate was automatically stands withdrawn/cancelled. That apart, under the Niyamawali validity of such press certificate is only for two years. The period has already expired. Even otherwise if the petitioner has any grievance thereagainst the remedy was to file a representation before the departmental Secretary. Paragraph nos. 7 and 8 of the counter affidavit states as under:- "7. That the petitioner on the letter pad of Hindustan Samachar Hazipur Vaishali served a letter no. 0/v/2010(A to i) dated 6.11.

2010 as Annexure 2 in writ petition addressed to the Secretary of our department, Bihar Patna in which he has clearly admitted that he has sent S.M.S. for resignation from correspondent/reporter of sanmarg, Hazipur (Vaishali) from which it is evidently clear that he has resigned from the sanmarg press, Hazipur (vaishali).

8.That as such after obtaining the report of the Editor, Sanmarg, Patna and in view of self admission of the petitioner the matter was examined by Department and after careful consideration, in view of rule-16 Bihar Press Representative Recognition Rules, 2008, the press certificate, has been cancelled by the Director, Information and Public Relations Department, Bihar, Patna vide letter no. 1081 dated 25.4.2011, which is quite legal valid and in accordance with law."

Patna High Court CWJC No.9919 of 2011 dt.09-09-2015 3/3 In the light of the aforesaid facts, this Court does not find merit in the writ application. It is, accordingly, dismissed. (Kishore Kumar Mandal, J) Shyam/- U