Nand Kishor Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11625 of 2018 ====================================================== Nand Kishor Mishra son of Late Muktinath Mishra, resident of VillagePurania, Post- Narkatiyaganj, Police Station- Shikarpur, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate Bettiah, West Champaran. 3.

The Additional Collector Departmental Inquiry Bettiah, West Champaran. 4.

The Nagar Parishad, Narkatiyaganj, West Champaran through its Executive Officer.

5.

The Executive Officer Nagar Parishad, Narkatiyaganj, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Milind Kumar Mishra, Advocate Mr. Sanjay Kumar Maurya, Advocate For the Respondent/s :

Mr.Yogendra Pd. Sinha- AAG7 For respondent Nos. 4 and 5 :

Mr. Prashant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Nagar Parishad, Narkatiyaganj.

2. Learned counsel for the Nagar Parishad, Narkatiyaganj raised preliminary objection and submits that by filing the present writ petition, the petitioner has prayed for quashing of Memo No. 142 dated 25.02.2015 issued by the

Patna High Court CWJC No.11625 of 2018(2) dt.25-06-2024 2/3 Executive Officer, Nagar Parishad, Narkatiyaganj by which the petitioner has been dismissed from service from the date of issuance of order against which he has preferred appeal. The Memo of appeal, he has annexed in the present writ petition as Annexure-15.

3. Learned counsel for the Nagar Parishad, Narkatiyaganj submits that the final order in the memo of appeal has been passed against the petitioner.

4. Learned counsel for the petitioner submits that the intimation for rejection of appeal has been given for the first time before this Court by the learned counsel for the Nagar Parishad, Narkatiyaganj.

5. As such, the writ petition is disposed off granting liberty to the petitioner to challenge the memo of appeal before the appropriate forum. The Executive Officer, Nagar Parishad, Narkatiyaganj is directed to serve the copy of the order of appeal to the petitioner within 60 days from today. The petitioner shall be at liberty to challenge the same upon receiving the said order. It is also directed if the Executive Officer, Nagar Parishad, Narkatiyaganj finds entitlement of petitioner for payment of any arrears, he shall pay the same, within the said period of sixty days.

Patna High Court CWJC No.11625 of 2018(2) dt.25-06-2024 3/3

6. With this observation and direction, the writ petition stands disposed of.

(Dr. Anshuman, J) Ashwini/- U