Ranjit Kumar Ghosh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11511 of 2018 ====================================================== Ranjit Kumar Ghosh son of Late Bibhuti Bhushan Ghosh resident of Village - Laluchak Bhattha, P.S. - Ishakchak, District - Bhagalpur. ... ... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate Bhagalpur.

2. The District Magistrate-cum-District Election Officer, Bhagalpur.

3. The Sub-Divisional Officer, Kahalgaon, Bhagalpur.

4. The Senior Deputy Collector, District Establishment, Bhagalpur.

5. The Deputy Election Officer, Bhagalpur.

6. The Conducting Officer-cum-Senior Deputy Collector, District Certificate Section, Bhagalpur.

7. The Conducting Officer-cum-District Panchayati Raj Officer, Bhagalpur.

8. Incharge Officer, Vehicle Cell-cum-District Supply Officer, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushant Praveer, Adv.

For the Respondent/s :

Mr. Manish Kumar -GP4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 11-12-2018 Heard learned counsel for the petitioner and counsel for the State.

In the present case, the petitioner is challenging the order contained in Memo No. 124 dated 20.1.2018 by which the District Magistrate, Bhagalpur has reduced his pay-scale to the bottom.

From the records, it appears that the proceeding was initiated for misappropriation- cum- mis-utilization of the government money which resulted into passing the present impugned order.

Patna High Court CWJC No.11511 of 2018 dt.11-12-2018 2/2 Learned counsel for the petitioner submits that the respondents have not followed the provision as prescribed under law and violated the same, the petitioner has been visited with the order of punishment and sought interference of this Court. Learned counsel for the State has submitted that there is a provision for appeal, whatever plea he has to take, he can raise the same before the appellate authority.

There is no denial of the fact that the appeal lies against the order passed by the District Magistrate, Bhagalpur. Let the petitioner should exhaust the alternative remedy as is available to him by way of filing an appeal and the appellate authority will take a decision in accordance with law within a period of four months from the date of filing of the appeal. It goes without saying that the petitioner must be paid the admitted retirement benefit to which he is entitled as per law within the same aforesaid period.

With the aforementioned observation, this writ application is disposed of.

(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.12.2018 Transmission Date