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Patna High CourtCWJC/16380/2019disposed

Chandramani Prasad v. The State Of Bihar

2019-08-26Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16380 of 2019 ====================================================== Chandramani Prasad Son of Late Yugal Kishore Singh Resident of MohallaYaduwanshi Nagar, Dak Baungla Road, Ward No.27, Fatuha, P.O. and P.S.- Fatuha, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Bihar, Patna.

2.

The District Magistrate, Nalanda at Biharsharif. 3.

The District Supply Officer, Nalanda at Biharsharif. 4.

The Sub Divisional Officer, Nalanda at Biharsharif. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar Trivedi, Advocate For the Respondent/s :

Mr.S. Raza Ahmad (AAG-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-08-2019 The petitioner has not been paid the benefits of the ACP on the ostensible ground of his having been punished in the past by order dated 18.02.2013 by the Joint Secretary of the Government, by withholding three pay increments without any cumulative effect. The learned counsel for the petitioner submits that the impact of the aforesaid punishment was over but taking this as a ground, the petitioner has not been paid his entitlement in the shape of the financial progression under the ACP rules of 2003. The

Patna High Court CWJC No.16380 of 2019(2) dt.26-08-2019 2/2 representations preferred by the petitioner in the past have gone unheeded.

The petitioner at least deserves to be made known the reasons of his not being paid his entitlement. The petitioner is therefore directed to make a fresh representation before the District Magistrate, Nalanda at Biharsharif (respondent No. 2) within a period of two weeks from today, who, on receipt of such representation shall have the facts verified, ascertain the entitlement of the petitioner and pass a reasoned order in accordance with law within a further period of ten weeks thereafter.

With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U