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Patna High CourtCWJC/5130/2018disposed

Smt. Jayshree Thakur v. The State Of Bihar And ORS

2024-01-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5130 of 2018 ====================================================== Smt. Jayshree Thakur W/o Sri Rajesh Kumar Choudhary, Resident of 201 Sundram Apartment, Tilak Manjhi, Bhagalpur, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

3.

The Special Secretary, General Administrative Department, Govt. of Bihar, Patna.

4.

The Secretary Water Resources Deptt. Cum Additional Departmental Enquiry Commissioner, Bihar, Patna 5.

The Commissioner, Bhagalpur Division, Bhagalpur. 6.

The Collector Bhagalpur, District- Bhagalpur. 7.

The Collector, Banka, District- Banka.

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

For the Petitioner/s :

Mr. Pranav Kumar Jha, Adv.

For the Respondent/s :

Mr. P.K.Verma -AAG3 :

Mr. Dr. Anand Kumar, AC to AAG3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed by the petitioner for quashing of the notification issued by Memo No. 2/charge-01-93/2013-10955/ Patna dated 25.08.2017 by which the petitioner has been terminated from his service.

3. Counsel for the State raised preliminary objection and submits that the petitioner has challenged the order passed by Disciplinary Authority directly before this Court and has

Patna High Court CWJC No.5130 of 2018(4) dt.16-01-2024 2/2 neither prefer appeal nor review as mentioned in the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005.

4. In this background, the present writ application stands disposed off with liberty granting to the petitioner to challenge the same before the forum as mentioned in the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005.

(Dr. Anshuman, J.) Prakashmani/- U