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Patna High CourtCWJC/264/2017disposed

Chirantan Kumar v. The State Of Bihar And ORS

2017-02-08Mr. Justice Jyoti Saran3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.264 of 2017 ===========================================================

1. Chirantan Kumar son of Late Rajendra Sinha, resident of Mohalla- Mahabir Nagar (Beur Jail Road), Police Station- Beur, District- Patna, at present Upper Division Clerk, Revenue & Land Reforms Department, Government of Bihar, Old Secretariat, Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Revenue & Land Reforms Department, Government of Bihar, Old Secretariat, Patna.

2. The Joint Secretary, Revenue & Land Reforms Department, Government of Bihar, Old Secretariat Patna.

3. The Deputy Secretary, Revenue & Land Reforms Department, Government of Bihar, Old Secretariat, Patna.

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

For the Petitioner/s : Mr. Ram Sagar Singh, Adv. For the Respondent/s : Mr. Subhash Chandra Yadav, GP15 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 08-02-2017 Heard Mr. Ram Sagar Singh, learned counsel for the petitioner. None appears on behalf of the State.

The petitioner is aggrieved by the initiation of the proceedings vide order bearing memo No. 125 dated 25.3.2014 of the Principal Secretary, Revenue and Land Reforms Department and the ground assigned is that for the same charges, a departmental proceeding was earlier initiated by the State vide order dated 4.2.2011 present at Annexure-9.

Mr. Singh learned counsel for the petitioner submits that in

Patna High Court CWJC No.264 of 2017 dt.08-02-2017 2/3 response to Annexure-9, the petitioner submitted his reply vide Annexure-10, but nothing progressed thereafter rather it is after a lapse of almost three years that the proceedings in question vide Annexure-1 was again freshly initiated and memo of charge served on 7.4.2014 vide Annexure-11. He submits that this proceeding has reached the stage of submission of enquiry report vide letter dated 6.1.2016 of the Joint Director, Revenue and Land Reforms Department present at Annexure-13 before the Principal Secretary and the enquiry report exonerates the petitioner. It is submitted that this report has been forwarded to the Principal Secretary, Revenue and Land Reforms, Jharkhand, Ranchi for his comment. It is stated by Mr.

Singh that nothing has progressed thereafter even in the 2nd proceedings and in the meantime, except for the petitioner, remaining have been promoted, the list of which is present at Annexure-14. Having heard Mr. Ram Sagar Singh, learned counsel for the petitioner and considering that the enquiry report in the proceeding was submitted as back as on 24.9.

Patna High Court CWJC No.264 of 2017 dt.08-02-2017 3/3 with law expeditiously and preferably within three months from the date of receipt/production of a copy of this order. The writ petition is disposed of.

(Jyoti Saran, J) Bibhash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.02.2017 Transmission Date NA