Ankesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14749 of 2023 ====================================================== Ankesh Paswan Son of Devendra Paswan, Resident of Village-Madhuban, Polie Station-Aurai, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, General Co-operative Department, Government of Bihar, Patna.

2.

The Secretary, Co-operative Department, Government of Bihar, Patna. 3.

The Registrar, Co-operative Societies, Government of Bihar, Patna. 4.

The Joint Registrar, Co-operative Societies, Government of Bihar, Patna. 5.

The District Co-operative Officer, Buxar.

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate Ms.Pooja Prasad, Advocate Mr.Manoj Kumar, Advocate For the State :

Mr.Syed Iqbal Ahmad ( Sc 20 ) Mr.Mahendra Prasad Verma, AC to SC-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2023

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of writ in the nature of certiorari for quashing of order as contained in Memo No. 3288 dated 12.07.2021 issued by the Registrar, Co-operative Societies, Bihar, Patna whereby petitioner has been suspended from service with effect from 26.11.2020 due to sent in jail and further quashing of order as contained in Memo No. 4118 dated 30.05.2022 issued by the Registrar, Co-operative Societies, Bihar, Patna whereby petitioner from service with effect from 02.08.2021 from the date the petitioner jointed at Headquarter after releasing from jail.

Patna High Court CWJC No.14749 of 2023(2) dt.05-12-2023 2/2 (ii) For direction to Respondents to revoke suspension of petitioner and post him at his duty at any place.

(iii) For issuance of writ in the nature of Mandamus direction to Respondents concerned to make payment of subsistence allowance up to 75% with effect from 26.11.2021 in pursuant to Rule 10(1)(i) of Bihar Government Service (Classification, Control and Appeal) Niyamavali, 2005."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Secretary, Co-operative Department, Government of Bihar, Patna i.e. the respondent no.02 for redressal of his aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate petition is filed, by the petitioner, before the Secretary, Co-operative Department, Government of Bihar, Patna, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of six weeks, thereafter.

4. The present writ petition stands disposed off. (Mohit Kumar Shah, J) Saurav/- U