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Patna High CourtMJC/3385/2017allowed

Surendra Prasad v. The State Of Bihar And ORS

2017-12-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13744 of 2014 ======================================================

1. Surendra Prasad Son of Sri Gorakh Nath Resident of Village- Akauni, Police Station-Kochas, District- Rohtas and at present Qr. No. J- 135, P.C. Colony, Kankarbagh, Police Station-Kankarbagh, District and Town- Patna. .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Department of Registration, Excise and Prohibition, Government of Bihar, Patna.

3. The Excise Commissioner, Bihar, Patna.

4. The Deputy Secretary to Government of Bihar, Patna.

5. The Deputy Commissioner, Excise- cum- Inquiry Officer, Tirhut- cumSaran Division, Muzaffarpur .... Respondents ====================================================== With Miscellaneous Jurisdiction Case No.3385 of 2017 IN Civil Writ Jurisdiction Case No. 13744 of 2014 ====================================================== Surendra Prasad .... Petitioner

Versus

The State of Bihar & Ors .... Respondents ====================================================== Appearance :

(In both the cases) For the Petitioner/s : Mr. Akhilesh Dutta Verma, Adv. For the Respondent/s : Mr. Hari Shankar Roy, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-12-2017 Heard both sides.

The petitioner has filed M.J.C. No. 3385 of 2017 for corrections in the order, dated 30.10.2017, passed in C.W.J.C. No. 13744 of 2014, which are as follows :

The learned counsel for the petitioner submits that due to typographical error in the second line of paragraph 3, at page 1, the order, dated "27.06.2014", as contained in Memo No. 2743 (Annexure 1) has been typed, as "27.06.2013", let it be read as "27.06.2014".

Similarly, in the third line of page 2 in place that the enquiry officer submitted report on "05.04.2008 Annexure 4", it has been typed as "30.04.2008, Annexure 12", let it be read as "05.04.2008 Annexure 4". On the same page, in 11th line, after the date 07.03.2014 "Annexure 13" has been typed in place of

Patna High Court CWJC No.13744 of 2014 (8) dt.11-12-2017 2/2 "Annexure 12", let it be read as "Annexure 12". In the 6th line of paragraph 8, at page 4, instead of "the order of revocation of suspension in the year 2008" the year has been typed as "2007", let it be read as "2008". Similarly on the same page the date of fresh enquiry is "22.02.2013" which has been typed as "12.02.2013", let it be read as "22.02.2013". In the 13th line of paragraph 8, it has been typed as "sub rule (2) of rule 18 of the Bihar Government Servants Conduct Rules, 1976", in place of "sub rule (2) of rule 18 of the Bihar Government Servant (Classification, Control and Appeal) Rule, 2005", let it be read as "sub rule (2) of rule 18 of the Bihar Government Servant (Classification, Control and Appeal) Rule, 2005".

In the second line of 10th paragraph, at page 6, instead of "27.06.2014", it has been typed as "27.06.2013", let it be read as "27.06.2014"

Considering the facts, the typographical errors crept in the order, dated 30.10.2017, passed in C.W.J.C. No. 13744 of 2014, stood corrected and the M.J.C. application is allowed. For the sake of convenience, this order shall form part of the order, dated 30.10.2017, passed in C.W.J.C. No. 13744 of 2014. (Prabhat Kumar Jha, J) SA/- U √