Patna High CourtCWJC/8210/2016disposed

Surya Bansh Pal v. The State Of Bihar And ORS

2018-10-30Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8210 of 2016 =========================================================== Surya Bansh Pal son of Motilal @ Motilal Pal resident of village - Darihat, P.S. - Darihat, District - Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Rural Development, Government of Bihar, Patna.

2. The District Magistrate, Rohtas.

3. The Deputy Development Commissioner, District - Rohtas.

4. The Block Development Officer, Anchal-Akodhi Gola, District - Rohtas. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Dubey, Advocate For the Respondent/s : Mr. N. P. Yadav, SC-23 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 30-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner submits that petitioner was discharging the duty as Indira Awas Assistant. On the allegation of illegal extortion of money, the services of the petitioner was terminated vide Memo No. 484 dated 05.03.2016, which was challenged before the Appellate Authority and the Appellate Authority, namely, Principal Secretary, Department of Rural Development, Government of Bihar, Patna has set aside the order vide order dated 02.08.2016, same was allowed and matter was remanded back.

Patna High Court CWJC No.8210 of 2016 dt.30-10-2018 2 /2 After remand the District Magistrate, Rohtas in Case No. 3 of 2016 vide order dated 25.04.2017 has reiterated the earlier order dated 05.03.2016, thereby the petitioner having been terminated from discharging the duty of Indira Awas Assistant and which has been challenged by the petitioner before the Appellate Authority. In such view of the matter, the Appellate Authority is directed to examine the case of the petitioner and decide the same by a reasoned order in accordance with law within a period of three months from the date of receipt/production of a copy of this order. This Court is not giving any opinion on the merit of the case. With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/Sunny AFR/NAFR NAFR CAV DATE NA Uploading Date31.10.2018 Transmission Date NA