Shobha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6486 of 2018 ====================================================== Shobha Devi, Wife of Late Ganesh Singh, Resident of Mohalla-Near Manfir, Naya Tola, Purani Bazar, Ward No. 12, P.S. + District-Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Public Health Engineering Department, Government of Bihar,Patna.

2. The Chief Engineer Public Health Engineering Department, Bhagalpur Circle, Bhagalpur.

3. That Superintending Engineer, Public HealthEngineering Department, Munger Circle, Munger.

4. The Executive Engineer, Public Health Engineering Division, Jamui.

5. The Executive Engineer, Public Health Engineering Division, Lakhisarai.

6. The Assistant Engineer, Public Health Engineering Department, Sikandra, Jamui.

7. The Assistant Engineer, PHED Sub-Division Jhajha, Jamui. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Respondent/s : Mr. S.Raza Ahmad -AAG5 Mr. Vishwanbhar Prasad, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-07-2018 Heard learned counsel for petitioner and learned counsel for the State.

In the present case, the petitioner is seeking relief of giving direction to the respondents for payment of due salary for the period from 01.03.2013 to 31.07.2013, which has been deprived as has been claimed by the Executive Engineer that the petitioner remained absent unauthorizedly during the aforesaid period. Learned counsel for the petitioner submits that petitioner was all along discharging the duty but wrongly she has been

Patna High Court CWJC No.6486 of 2018 (3) dt.27-07-2018 2 /2 deprived from the salary. He has further submitted that working of the petitioner for the aforesaid period is substantiated from the attendance register which itself shows that she was there all along and wrongly has been informed by the Executive Engineer that she remained absent during that period.

In such view of the matter, the petitioner is directed to file a detailed representation before the Chief Engineer, Bhagalpur alongwith all documents proving her presence. The Chief Engineer, Bhagalpur will be obliged to call all the records and verify the same and take decision in accordance with law. If the Chief Engineer, Bhagalpur does not find favour with the petitioner he will be obliged to pass a reasoned order. All process must be completed within a period of three months from the date of filing of the representation.

With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/Sunny U