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Patna High CourtCWJC/13287/2023dismissed

Paramanand Paswan v. The State Of Bihar

2023-10-09Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13287 of 2023 ====================================================== Paramanand Paswan Son of Jivas Paswan, Resident of Village- Dumari, P.SDumari, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Home Department of Bihar, Patna. 2.

The Commissioner Excise, Bihar, Patna.

3.

The District Magistrate, Samastipur.

4.

The Sub-Divisional Magistrate, Patori.

5.

The Circle Officer, Patori District Samastipur. 6.

The S.H.O. Patori, Patori.

7.

The Inspector of Excise, Samastipur.

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

For the Petitioner/s :

Mr. Shankar Prasad Roy, Adv.

For the Respondent/s :

Mr. P.K. Verma, AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The writ application has been filed for quashing the suspension order dated 27.11.2021, issued by the District Magistrate, Samastipur (Annexure-1).

3. From the pleading in the writ application, it is an admitted position that now the departmental proceeding has been initiated and charge memo on Prapatra ka was issued to the petitioner. There is no material on record to show whether the petitioner has availed remedy in respect of suspension as available under the relevant provisions for the enhancement of

Patna High Court CWJC No.13287 of 2023(2) dt.09-10-2023 2/2 subsistence allowance or revocation in accordance with law.

4. Since the proceeding has already been initiated, this Court would observe that there is no occasion for this Court to issue any direction for quashing the suspension order dated 27.11.2021, issued by the District Magistrate, Samastipur (Annexure-1). The petitioner would be at liberty to avail remedies in the proceedings in accordance with law.

5. The writ petition is dismissed.

(Madhuresh Prasad, J) Mayank/Sumit U