Mukesh Kumar Mukul v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5633 of 2018 ====================================================== Mukesh Kumar Mukul, Son of Sri Sahdeo Panjiyar, resident of Mohalla & P.S.- Asarganj, District- Munger at present Posted as District Land Acquisition Officer, Araria.

... ... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Govt. of Bihar, Old Secretariat, Patna.

2. Principal Secretary, General Administration Deptt., Govt. of Bihar, Patna.

3. Joint Secretary, General Administration Deptt., Govt. of Bihar, Patna.

4. Deputy Secretary, General Administrative Department, Govt. of Bihar, Patna.

5. District Magistrate, Aurangabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Siddharth Prasad, Adv.

Mr. Deepak Kumar, Adv.

For the Respondent/s :

Mr. Dhrendra Kumar, AC to GP5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 20-08-2018 Heard learned counsel for the parties.

In the present case, the petitioner is challenging the charge-sheet wherein the allegation has been made that the petitioner, for obtaining N.O.C., without mentioning pendency of criminal case against him, filed an application for passport, became the subject matter of departmental proceeding. Learned counsel for the petitioner submits that the petitioner was not knowing about the pendency of the criminal case against him, as and when he could know about the criminal case, he filed an application on 5.6.2015 and made a prayer that he wants to withdraw the application whereby he has made a request

Patna High Court CWJC No.5633 of 2018 dt.20-08-2018 2/2 for return of the application for grant of N.O.C. as he no longer need of passport. Learned counsel for the petitioner has further submitted that the petitioner has not taken any advantage out of his misdeeds.

This Court, at this stage, will not interfere in the matter but, gives liberty to the petitioner to take any defence as is available in law and the authority concerned will examine the issue and decide the case in accordance with law.

If the petitioner cooperates then the Authority concerned will try to dispose of the matter within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and liberty, this writ application is disposed of.

(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.08.2018 Transmission Date NA