Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13777 of 2022 ====================================================== Sonu Kumar Son of Ram Pravesh Prasad, Resident of Village-Jafarpur, P.S.- Salehpur, District-Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Home Departmental, Government of Bihar, Patna.

2.

The Director General Prison and Reforms Services, Government of Bihar, Patna.

3.

The Secretary, Prison and Reforms Service, Home Department (Prison), Bihar, Patna.

4.

The Inspector General, Prison and Reforms Service, Home Department, Govt. of Bihar, Patna.

5.

The Deputy Inspector General, Prision and Reforms Service, Home Department, Govt. of Bihar, Patna.

6.

The Superintendent, Mandal Jail, Nawadah.

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

For the Petitioner/s :

Mr. Rajendra Narain, Sr. Advocate Mr.Mukund Mohan Jha, Advocate For the Respondent/s :

Mr. Manish Dhari Singh, (A.C. To A.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-08-2023

1. Heard Learned senior counsel for the petitioner and learned counsel for the respondents.

2. The charge-memo dated 1-12-2022 has been issued within four months of the issuance of the order of suspension. It is thus submitted by the learned senior counsel that the same is unsustainable on another ground that it is preceded by a magisterial inquiry, which is not in accordance with law and is unsustainable.

3. This issue and other issues however admittedly

Patna High Court CWJC No.13777 of 2022(6) dt.25-08-2023 2/2 have been raised by the petitioner in the proceedings.

4. Leaving all the issues open to be agitated and considered in the proceedings arising out of charge memo dated 01-12-2022, writ application is disposed of.

(Madhuresh Prasad, J) SUMIT/- U