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Patna High CourtCWJC/14352/2022allowed

Manibhushan Singh v. The State Of Bihar

2022-12-02Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 14352 of 2022 ====================================================== Manibhushan Singh Son of Late Ram Prasad Singh Resident of Village Murli Basantpur P.O. Murli Basantpur P.S. Bangaon District Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of General Administration, Govt. of Bihar, Patna.

2.

The District Magistrate, Saharsa.

3.

The Deputy Collector Establishment, District Collectorate Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Harsh Anuj, Advocate For the Respondent/s :

Mr Dhurendra Kumar, AC to GP V ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and the respondents through Virtual Mode.

The parties are in agreement that the petitioner, who is aggrieved by the order of the District Magistrate, Saharsa dated 17.09.2020 bearing Memo No 995, is entitled to the relief granted to similarly situated petitioner of CWJC No 15368 of 2021, which has been decided by this Court on 29.08.2022 (Annexure 13).

The fact being so, this Court would consider it appropriate to record that the same impugned order has been interfered by this Court in the writ proceedings arising out of CWJC No 15368 of 2021 on ground of the same not being

Patna High Court CWJC No.14352 of 2022(2) dt.02-12-2022 2/2 proceeded by compliance of principles of natural justice. In the instant case, the petitioner has been removed by holding that he had submitted forged documents at the time of his selection, that also without any opportunity and in violation of principles of natural justice. The order dated 17.09.2020, in so far as the petitioner is concerned, is hereby quashed.

Writ petition stands allowed.

(Madhuresh Prasad, J) M.E.H./- U