Renu Sinha v. The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12379 of 2024 ====================================================== Renu Sinha W/o Sri Mahesh Pd. R/o of Mohalla- Balhi, P.S.- Saharsa in the district of Saharsa.

... ... Petitioner/s

Versus

1.

The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna. 2.

The Divisional Commissioner, Patna Division, Patna. 3.

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

4.

The District Magistrate, Patna.

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Respondent/s :

Mr. Divit Vinod, A.C. to S.C.-26.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following reliefs :- (i) to issue a writ in the nature of certiorari to quash the order vide letter No.400 dated 08.06.2024 whereby petitioner was directed to submit her written defense, under Rule 20(i) of Bihar Govt. Servant (Classification, Control and Appeal) Rule, 2005 in connection with Special Case No. 61 of 2007 Vigilance Case No. 96 of 2007. (ii) Also for restrain the respondent authority to take any coercive action against the petitioner under rule of Bihar Govt. Classification Control, Appeal), 2005 because petitioner is already retired from service and the said rule is not applicable upon the retired Govt. employee."

Patna High Court CWJC No.12379 of 2024(2) dt.20-08-2024 2/2

3. Learned counsel for the petitioner submits that the order dated 08.06.2024 has not been passed in accordance with law and therefore be set aside.

4. Learned counsel for the State submits that the petitioner has earlier moved before this Hon'ble Court in C.W.J.C. No. 7110 of 2018 in which vide order dated 08.04.2024, the respondents were directed to take action in accordance with law against the petitioner and in compliance of the order passed by this Hon'ble Court, letter No.400 dated 08.06.2024 has been issued. Learned counsel for the State further submits that the letter impugned has been issued in accordance with law.

5. After hearing the parties, it transpired to this Court that the petitioner ought to participate in the proceeding instead of challenging the letter.

6. Accordingly, this writ petition is disposed of with the direction to the respondents to conclude the proceeding within a fixed period of time not more than six months from today.

(Dr. Anshuman, J) sanjeev/- U