Dinesh Chandra Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12633 of 2024 ====================================================== Dinesh Chandra Sinha S/o- Late Ram Chandra Prasad R/o- Kanakpuri, Eastern Gate of Jain College, Post- Ara, P.S.- Nawada, Ara, Bhojpur- 802301. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Govt. of Bihar 2.

The Additional Chief Secretary, Finance Department, Government of Bihar, Patna.

3.

The Additional Chief Secretary, Water Resources Department, Government of Bihar, Patna.

4.

The Deputy Secretary, Water Resources Department, Government of Bihar, Patna.

5.

The Chief Engineer, Flood Control, Irrigation Creation, Water Resources Department, Anisabad, Patna.

6.

The Executive Engineer, Flood Control Division, Ara. 7.

The Accountant General (A and E), Bihar, Mahalekhakar Bhawan, Birchand Patel Path, Patna- 800001.

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

For the Petitioner/s :

Ms.Y. Madhavi, Advocate For the Respondent/s :

Mr.Pankaj Kumar, Standing Counsel 12 For the AG (Bihar) :

Mr.Vivekanand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-08-2024 Heard Ms. Y. Madhavi, learned counsel appearing on behalf of the petitioner; Mr. Pankaj Kumar, learned SC 12 appearing on behalf of the Respondents/State and Mr. Vivekanand Kumar, learned counsel appearing on behalf of the Accountant General (Bihar).

2. Learned counsel appearing on behalf of the petitioner seeks to file a detailed representation before respondent no.5 (The Chief Engineer, Flood Control, Irrigation

Patna High Court CWJC No.12633 of 2024(2) dt.27-08-2024 2/2 Creation, Water Resources Department, Anisabad) concerned for redressal of his grievance, as prayed for in the present writ petition, in view of the law laid down by the Apex Court in case of Amresh Kumar Sinha & Ors. v. The State of Bihar & Ors. (SLP (C) Nos. 8219-8226 of 2016) and later on clarified by the Full Bench of this Court in the case of Kamlanand Thakur vs. State of Bihar & Ors. (C.W.J.C. No. 18727 of 2017).

3. Considering the aforesaid submission made on behalf of the petitioner, the respondent no.5 is required to call for service particulars of the petitioner and verify, as to whether, he has suffered any disciplinary action, pursuant to the penalty order and decide the grievance of the petitioner expeditiously, in light of the law laid down by the Apex Court in the case of Amresh Kumar Sinha (Supra) and the Full Bench of this Court in the case of Kamlanand Thakur (Supra).

4. Accordingly, the present writ petition application stands disposed of.

(Purnendu Singh, J) chn/- U