Patna High CourtCWJC/9835/2015disposed

Snehi Prasad And ORS v. The State Of Bihar And ORS

2018-05-02Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9835 of 2015 ===========================================================

1. Snehi Prasad S/o - Late Gopal R/o Vill. - Gangajal, P.O. + P.S. - Sonepur, District - Saran.

2. Shambhu Nath Singh S/o Shreekant Singh R/o Vill. - Nodihan, P.O. + P.S. - Sonepur, District - Saran.

3. Ramesh Chandra Singh S/o - Late Tapeshwari Sharma Singh R/o Vill. - Manpura, P.O. - Tarawan Mangarpal, P.S. - Dariyapur, District - Saran.

4. Vishwanath Singh S/o Late Janardan Singh R/o Vill + P.O. - Alalpur, P.S. - Puchrukhi, District - Siwan. .... .... Petitioners

Versus

1. The State of Bihar through the Principal Secretary Registration Excise & Liquor Control Department Bihar, Patna.

2. The Commissioner Excise Bihar, Patna.

3. The Collector, Gopalganj.

4. Dy. Commissioner Excise Tirahut Cum Saran Division Muzaffarpur.

5. The Excise Superintendent Gopalganj .... .... Respondents =========================================================== Appearance :

For the Petitioners : Mr. Manoj Kumar, Advocate For the Respondents : Mr. Sunil Kumar, AC to GP 11 =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 02-05-2018 Heard counsel for the petitioner and the respondents. The petitioner is aggrieved by imposition of punishment under order dated 16.10.2012 (Annexure 5), passed by the Commissioner, Excise, Bihar, Patna. He submits that the charges have not been proved in the enquiry. He wants to rely upon the proceedings to show that the report of the Enquiry officer was submitted after considering all the relevant facts and the punishment order passed by the Disciplinary authority dated 16.12.2012 shows total non consideration of the facts. From perusal of the counter affidavit it appears that the

Patna High Court CWJC No.9835 of 2015 dt.02-05-2018 2/2 petitioner has the remedy of appeal before the Principal Secretary, Registration, Excise and Prohibition Department. In view of such available remedy, the petitioner may avail of the same, if he is aggrieved by the punishment order dated 16.10.2012.

The writ petition is disposed of.

(Madhuresh Prasad, J) Shashi.

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