Patna High CourtCWJC/18825/2014disposed

Awadhesh Kumar Mandal v. The State Of Bihar And ORS

2017-09-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18825 of 2014 ====================================================== Awadhesh Kumar Mandal, son of Late Dhaneshwar Mandal, resident of F202, Monika Apartment, Anandpuri, P.S. S.K. Puri, District Patna. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Building Construction, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Building Construction, Govt. of Bihar, Patna.

3. Special Works Official cum Chief Vigilance Officer, Building Construction Department, Bihar, Patna.

4. Chief Engineer, South Bihar Sub-Section, Building Construction Department, Bihar, Patna.

5. Secretary, Building Construction Department, Bihar, Patna.

6. Joint Secretary, Building Construction Department, Bihar, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Naresh Dikshit, Advocate. For the Respondents : Mr. Ajit Pratap Singh, S.C. 15. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ application, the petitioner has sought for the following relief.

"1(i) In the name of "Certiorari" for setting aside the notification as contained in Memo No. 942(BH) Patna dated 28.01.2014 issued under the signature of Special Work Officer-cumChief Vigilance Officer, Department of Building Construction, Govt. of Bihar, Patna, whereby and whereunder two annual increments with non cumulative effect has been stopped with respect to the petitioner by way of punishment for

Patna High Court CWJC No.18825 of 2014 (2) dt.14-09-2017 2/2 the alleged offence as reported by the Department of Vigilance vide their Letter No. 1492 dated 19.03.2010."

Considering the relief sought for by the petitioner, the petitioner is directed to file an appeal in terms of Rule 23 of Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 before the competent authority of the concerned Department within a period of forty five days from the date of the order which shall be disposed of within a period of five months from the date of such appeal.

With the aforesaid observations and directions, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U