Sharda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17201 of 2019 ====================================================== Sharda Devi W/o Mathura Ray R/o-Vill-Kalyanpur, PS-Sonpur, Distt. Saran, ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

2.

The Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

3.

The District Magistrate Cum Collector, Saran at Chapra. 4.

The S.D.O. Sonpur, Saran at Chapra.

5.

Circle Officer, Dighwara Circle, Dighwara, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. NK Agarwal, Sr. Adv.

Mr. Kumar Rajdeep, Adv.

Mr. Amresh Kumar Sinha, Adv.

For the Respondent/s :

Mr. Arvind Ujjwal (SC-4) ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 16-10-2025

1. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.

2. It is the specific contention of the Learned counsel for the petitioner that the Inquiry Report was not given to him which is a statutory provision to supply to the petitioner.

3. On the other hand, the Learned counsel for the respondents contended that the petitioner

Patna High Court CWJC No.17201 of 2019(2) dt.16-10-2025 2/3 has filed reply to the show cause notice issued by the Sub-Divisional Officer and he has not raised any grounds for non-receipt of the Inquiry Report, which cannot be raised now.

4. However, the petitioner has an effective alternative remedy of challenging the orders of the Sub-Divisional Officer by way of appeal before the District Magistrate. Therefore, the petitioner is directed to raise his grounds including non-supply of the Inquiry Report before the appellate authority and the appellate authority shall consider his case on merits.

5. The petitioner is directed to prefer an appeal within two months from the date of receipt of this order before the concerned authority. The delay in filing the appeal shall be condoned by the authority concerned, and the authority shall dispose of the same within three months from the date of filing of the same. It is needless to mention that before passing any order, the petitioner shall be given a fair opportunity of hearing.

6. With the above said observation, the

Patna High Court CWJC No.17201 of 2019(2) dt.16-10-2025 3/3 Writ petition is disposed of.

7. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) Manish/- U