Shri Shakti Kumar Prasad v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14414 of 2024 ====================================================== Shri Shakti Kumar Prasad Son of Shri Ramnandan Resident of villageDhirabigha, P.S.- Kako, District- Jahanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar, through Principal Secretary, Revenue and Land Reforms Govt. of Bihar Patna.

2.

The Commissioner, Magadh Division Gaya.

3.

The Service Redressal Grievance Officer cum D.M. Jahanabad. 4.

The Additional Collector Screening Committee, Jahanabad. 5.

The Establishment Deputy Collector, Jehanabad. 6.

The Senior Treasury Officer, Jehanabad.

7.

In-Charge Officer District Establishment Officer, Jahanabad. 8.

Shri Sambhu Prasad Bhaskar Son of- Shri Jagdish Rajak Resident of Village- Chadhatra Aadhratpur P.S.- Aarkdhibariy P.S.- Belaganj, District Gaya at present Head Clerk BDO Officer, Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Respondent/s :

Mr.Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-09-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed for setting aside the order dated 22.11.2023 contained in letter no. 110 passed by the District Magistrate, Jehanabad (Annexure-5) by which petitioner was kept below the private Respondent No. 11 in-spite of the fact that petitioner was senior to the private Respondent No. 11. Further prayer has been made to take action on the order dated 12.06.2013 contained in letter no.

Patna High Court CWJC No.14414 of 2024(2) dt.23-09-2024 2/2 641/establishment by which date of joining of the petitioner considered from 20.04.1992.

3. Learned Counsel for the petitioner fairly submits that against Annexure-5 i.e. order dated 22.11.2023 contained in letter no. 110 passed by the District Magistrate, Jehanabad, the statutory remedy lies before the Commissioner, Magadh Division, Gaya (Respondent No. 2). He further submits that he has filed representation before the Respondent No. 2 but till date no order has been passed.

4. Learned Counsel for the State submits that order is necessary to be passed by the Commissionaire, Magadh Division, Gaya (Respondent No. 2).

5. In this view of the matter, the present writ petition is disposed off directing the Respondent no. 2 to pass a reasoned and speaking order on the representation filed by the petitioner which is annexed as Annexure-8 within 90 days from the production/receipt of the copy of this order. (Dr. Anshuman, J) Sunnykr/- U