Ashraf Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1189 of 2023 In Civil Writ Jurisdiction Case No.4313 of 2023 ====================================================== Ashraf Alam, Son of Late Nasarat Alam, r/o village- Madhopur, P.S. - Gaunaha, District West Champaran (Bettiah).

... ... Appellant/s

Versus

1.

The State of Bihar through the Secretary, Rural Development Dept. Govt. of Bihar Patna.

2.

The Secretary, Rural Development Dept, Govt. of Bihar Patna. 3.

The Special Work Officer, Rural Works Department Government of Bihar Patna.

4.

The District Magistrate, West Champaran (Bettiah) 5.

The Deputy Development Commissioner, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Gautam Kumar Yadav, Advocate For the Respondent/s :

Mr. Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 28-01-2025 We have heard Mr. Gautam Kumar Yadav, the learned Advocate for the appellant and Mr. Anjani Kumar, the learned AAG-4 for the State.

2. The services of the appellant, who was a Gramin Awas Sahayak, was dispensed with without an enquiry. This was the contention of the appellant before the learned Single Judge.

Patna High Court L.P.A No.1189 of 2023 dt.28-01-2025 2/3

3. The learned Single Judge took note of the fact that his employment was under a scheme of the District Rural Development Authority. The order of removal dated 04.06.2018 was affirmed by the Secretary of the Department on 06.03.2020. The orders were passed after issuing show cause notice to the appellant.

4. The contention of the appellant herein that pursuant to the show cause notice, the response filed by the appellant was never considered in correct perspective.

5. We take note of the fact that after three years of the order passed by the Appellate Authority, viz. the Secretary of the Department, the appellant has chosen to come to this Court vide C.W.J.C. No. 4313 of 2023.

6. For the aforenoted reason as also for the reason of there being nothing on record to assail the order of removal and its affirmation, the challenge of the appellant was not sustained by order dated 04.09.2023 which has been challenged in this appeal.

Patna High Court L.P.A No.1189 of 2023 dt.28-01-2025 3/3

7. The order passed by the learned Single Judge is self-explanatory and does not require any interference.

8. This appeal has no merit and it is dismissed. (Ashutosh Kumar, ACJ) (Partha Sarthy, J) Saurabh/Rajesh AFR/NAFR NAFR CAV DATE NA Uploading Date 29.01.2025 Transmission Date