Ashraf Jamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14726 of 2022 ====================================================== Ashraf Jamal son of Quamrulhoda, resident of Post- Manjhagarh, P.S.- Pipa, District- Gopalganj, Pin Code- 841427.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Prohibition, Excise and Registration Department, Bihar, Patna. 2.

Excise Commissioner, Prohibition, Excise and Registration Department, Bihar, Patna.

3.

Joint Secretary, Prohibition, Excise and Registration Department, Bihar, Patna.

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

For the Petitioner/s :

Mr.Abhinav Srivastava, Advocate For the Respondent/s :

Mr.Kumar Manish ( SC- 5 ) Mrs. Sharma Sinha, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2024 Though the present writ petition has been filed for quashing of the order of punishment of dismissal from service dated 27.11.2021, however, it is submitted that the petitioner has filed a review application for reconsidering the punishment inflicted upon the petitioner, which is still pending.

2.

The learned counsel for the petitioner has submitted that the views of the department was sought for on the aforesaid review petition, filed by the petitioner and the opinion was submitted by a three-man committee, vide report

Patna High Court CWJC No.14726 of 2022(2) dt.16-01-2024 2/2 dated 22.01.2022, which can be found at page no. 81 to 84 of the writ petition, wherein it has been opined that the punishment of dismissal from service, inflicted upon the petitioner, can be reconsidered.

3.

In view of the aforesaid, the learned counsel for the petitioner submits that the respondent authorities be directed to consider the review petition filed by the petitioner, taking into account the aforesaid report of the committee dated 22.01.2022 and take a final decision. It is directed accordingly.

4.

It is needless to state that appropriate decision shall be taken by the concerned respondent authorities, on the review petition filed by the petitioner, within a period of four weeks of receipt/production of a copy of this order.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U