Baiju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11432 of 2023 ====================================================== Baiju Paswan, Son of Sonfi Paswan, resident of Village-Hasanpur Surat, P.S.- Patori, District-Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Home Department of Bihar, Patna. 2.

The Commissioner Excise Bihar, Patna.

3.

The District Magistrate, Samastipur.

4.

The Sub-Divisional Magistrate, Patori.

5.

The Circle Officer, Patori, District Samastipur. 6.

The S.H.O. Patori.

7.

The Excise Inspector of Excise Samastipur.

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

For the Petitioner/s :

Mr. Shankar Prasad Roy, Adv.

:

Mr. Vinay Kumar Mishra, Adv.

For the State :

Mr. Deepak Kumar, AC to Gp 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The writ application has been filed for quashing the suspension order dated 27.11.2021, issued by the District Magistrate, Samastipur (Annexure-1).

3. From the pleading in the writ application, it is an admitted position that now the departmental proceeding has been initiated and charge memo on Prapatra ka was issued to the petitioner. There is no material on record to show whether the petitioner has availed remedy in respect of suspension as

Patna High Court CWJC No.11432 of 2023(2) dt.09-10-2023 2/2 available under the relevant provisions for the enhancement of subsistence allowance or revocation in accordance with law.

4. Since the proceeding has already been initiated, this Court would observe that there is no occasion for this Court to issue any direction for quashing the suspension order dated 27.11.2021, issued by the District Magistrate, Samastipur (Annexure-1). The petitioner would be at liberty to avail remedies in the proceedings in accordance with law.

5. The writ petition is dismissed.

(Madhuresh Prasad, J) Mayank/Shyambihari U