Krishna Kumar Mohan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18324 of 2014 ====================================================== Krishna Kumar Mohan Son of Late Nagu Singh R/o village - Chhariyari, P.S. Makadumpur, District - Jehanabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary Education Department, Patna

3. The District Education officer, Gaya

4. The District Programme Officer ( East ) Gaya

5. The Block Development Officer, Gaya

6. The Block Education Officer, Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Sharma For the Respondent/s :

Mr. Raghwanand GA-11 Dr. Kamal Deo Sharma AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 23-05-2017 A counter affidavit of the State was served and filed on 06.04.2016. No rejoinder thereto has been filed. The stand of the State is that the petitioner was made an accused in Makhdumpur P. S. Case No. 126 of 1982 under Section 302, 149 IPC etc. He now stands convicted by the trial court and there is nothing to show that that conviction stands set aside by any superior Court.

By virtue of the said conviction order petitioner stands dismissed from the service. A dismissed employee is not entitled to pension, gratuity etc. after his conviction. If the petitioner stands exonerated by any superior

Patna High Court CWJC No.18324 of 2014 (2) dt.23-05-2017 2/2 Court of the charges, then surely he may have occasion to revert to the Court or his authorities for assertion of his claim, otherwise no order for such relief can be passed at this juncture by the Court in the given facts.

Writ application stands disposed off in terms of above.

(Ajay Kumar Tripathi, J) SKM/- U