Patna High CourtCWJC/487/2018disposed

Maheshwar Pathak v. The State Of Bihar And ORS

2018-08-27Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.487 of 2018 ====================================================== Maheshwar Pathak, S/o Late Yogendra Pathak, Resident of Mohalla-B.N.Jha Colony (Madhubani) P.S. Madhubani Sadar, District-Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Irrigation Department, Patna.

2. The Engineer-in-Chief (Central) Irrigation Department, Patna.

3. The Engineer-in-Chief (North)-cum-Enquiry Officer, Irrigation Department, patna.

4. The Superintendent Engineer, Planning & Monitoring Anchal-2, Irrigation Department, Bihar, Patna.

5. The Superintendent Engineer, Tirhut Nahar Anchal, Bettiah.

6. The Executive Engineer, Tirhut Nahar Anchal, Bettiah.

7. The Sub Divisional Officer, Tirhut Nahar Sub Division, Banchihui, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kripa Nand Jha, Adv.

For the Respondent/s :

Mr. Harish Kumar-GP8 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 27-08-2018 Heard learned counsel for the parties.

In this case, the petitioner, initially, has challenged the order of punishment dated 11.10.2017 but, by filing I.A. No. 1607 of 2018, he added his payer for quashing the order contained in Memo No. 217 dated 5.2.2018 passed by the appellate authority. After departmental proceeding, the petitioner has been awarded three punishments, namely, (i) censure for year 2013-14, (ii) stoppage of three increments with non-cumulative effect, and (iii) promotion due shall be withheld for five years.

Patna High Court CWJC No.487 of 2018 dt.27-08-2018 2/2 Learned counsel for the petitioner submits that the effect of punishment is already over and, as such, his case for promotion should be considered in the light of the fact that junior to the petitioner has been granted promotion and other benefits. Let the respondents should consider the case of the petitioner for promotion and other benefits in view of the fact that the effect of punishment is now over.

With the aforementioned observation, this writ application is disposed of.

(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.08.2018 Transmission Date NA