Dilip Kumar Sharma v. The Secretary, Department Of Education And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22943 of 2012 ====================================================== Dilip Kumar Sharma, Son Of Sri Jaikishor Sharma Resident Of Village - Losghani, P.O. & P.S. - Abhaipur, District - Lakhisarai ... ... Petitioner/s

Versus

1. The Secretary, Department of Education, Govt. of Bihar

2. District Programme Officer, Munger

3. Block Education Officer, Sangrampur, Munger ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

Mr. Rajeev Shekhar, AC to GA-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 17-09-2018 This case was filed on 12.12.2012 and has been listed almost after six years. Unfortunately, on different dates, when the case was listed for admission, no one appeared on behalf of the petitioner. Under the circumstances, the case has been listed under the heading for dismissal to provide one more opportunity to the counsel for the petitioner to appear and assist the Court. Unfortunately, even today, no one has appeared to assist the Court. The respondents have also adopted total reluctance in the instance case as even after six years of filing of the writ application, they have not chosen to file any counter affidavit. The petitioner was inflicted punishment of stoppage of one increment and he was held to be unfit for holding the post of Drawing and Disbursing Officer. From perusal of Annexure-3, it appears that petitioner himself has admitted that

Patna High Court CWJC No.22943 of 2012 dt.17-09-2018 2/2 by mistake, he has deposited the difference of salary, payable to Dhananand Das, in the account of Nand Kishore Sharma. On the basis of admission of his lapse, he was inflicted punishment of stoppage of one increment and he was declared unfit for holding the post of Drawing and Disbursing Officer.

Under the aforesaid circumstances, the Court does not find any merit to interfere with Annexure-1. Accordingly, this writ application is dismissed.

(Anil Kumar Upadhyay, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date