Kumari Mukta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15465 of 2019 ====================================================== Kumari Mukta W/o Sri Nitish Kumar Sinha presently posted as C.D.P.O., at Ramgarh Chawk, Lakhisarai, Permanent resident of Quarter No. 3404, Sector 12/B, Bokaro Steel City, Bokaro, Marafari Colony, Jharkhand, at present residing at Mohalla Naya Tola, Khazanchi Road, Post Office Bankipore, P.S. Pirbahore, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Social Welfare, Govt. of Bihar, Patna.

2.

The Director, I.C.D.S., Directorate, Bihar, Patna. 3.

The Joint Director (M), Department of Social Welfare, Govt. of Bihar, Patna. 4.

The District Magistrate, Patna.

5.

The D.C.L.R, Tekari, Gaya.

6.

The Joint Secretary, Department of Social Welfare, Govt. of Bihar, Patna. 7.

The Additional Secretary, Department of Social Welfare, Govt. of Bihar, Patna.

8.

The Special Secretary, Department of Social Welfare, Govt. of Bihar, Patna. 9.

The District Programme Officer, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajneesh, Advocate For the Respondent/s :

Mr.Prashant Pratap (GP 2) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 06-08-2019 Heard the learned counsel for the parties.

2. The petitioner has challenged the order dated 03.01.2019 passed by the Joint Director with the approval of Hon'ble the Governor whereby she has been subjected to a punishment of withholding of three increments of pay from the date of issuance of the order as well as for

Patna High Court CWJC No.15465 of 2019 dt.06-08-2019 2/3 recovery of the amount of Rs. 4,56,000/- from her salary for having caused pecuniary loss to the Government.

3. Learned counsel for the petitioner, after some arguments, seeks leave of this Court to withdraw this petition in order to prefer a revision before the concerned authority under Section 28 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005.

4. Should such a revision be filed by the petitioner within a period of four weeks, the same shall be disposed of by a reasoned order in accordance with law within a further period of six weeks thereafter.

5. The petitioner while pressing the revision petition shall make a request before the revisional authority for staying the order of recovery till final order is passed. Before a final order with respect to recovery is passed by the revisional authority, there shall be no recovery from the petitioner.

6. With the aforesaid direction/observation, the petition is permitted to be withdrawn.

Patna High Court CWJC No.15465 of 2019 dt.06-08-2019 3/3

7. The petition stands dismissed as withdrawn. (Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.08.2019 Transmission Date