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Patna High CourtCWJC/18187/2021disposed

Rajiv Kumar, v. The State Of Bihar

2023-12-14Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18187 of 2021 ====================================================== Rajiv Kumar, S/o Late Kedar Paswan, Resident of Village and P.O.-Amba, P.S.-Rahui, District-Nalanda, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Primary Education, Government of Bihar, Patna. 4.

The District Education Officer, Nalanda.

5.

The District Programme Officer (Establishment), Nalanda. 6.

The Block Development Officer, Tharthari, Nalanda. 7.

The Block Education Officer, Tharthari, Nalanda. 8.

The Block Education Officer, Katrisarai, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyan Shankar For the Respondent/s :

Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-12-2023

1. Head learned counsel for the parties concerned.

2. The petitioner has challenged the order of punishment, dated 10.04.2021, bearing Memo No. 1349, passed in a departmental proceeding, whereby, the punishment of stoppage of two increments with non-cumulative effect has been inflicted upon the petitioner.

3. Learned counsel for the State submits that the order of punishment is appealable before the Regional Deputy Director, Patna and the petitioner, without availing the remedy, has directly approached this Court against the

Patna High Court CWJC No.18187 of 2021(8) dt.14-12-2023 2/2 punishment order.

4. In view of the aforesaid, the present writ application is disposed with liberty to the petitioner to file an appeal before the Regional Deputy Director, Patna within a period of 30 days from today.

5. It is made clear that if the appeal is filed, the Regional Deputy Director shall dispose the same, on its own merit, by a reasoned order within a further period of three months.

(Anil Kumar Sinha, J) ashwani/- U