Jai Maa Durga Travels, Through Its Proprietor Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17856 of 2022 ====================================================== Jai Maa Durga Travels, Through its proprietor Dharmendra Kumar Male, 35 years, son of Sri Chandrashekhar Prasad, resident of Shop No.- G4A, Jaiprakash Bhawan, Near Dakbungalow Chowk, Fraser Road, P.O. G.P.O. Patna, P.S.- Kotwali Town and District- Patna(Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Information and Public Relations Department, Bihar, Secretariat, Patna.

2.

The Director, Information and Public Relations Department, Bihar, Secretariat, Patna.

3.

The Secretary, Information and Public Relations Department, Bihar, Secretariat, Patna.

4.

The Public Relation Officer, Chief Minister Secretariat, Bihar, Patna. 5.

The Deputy Commissioner, Financial Administration, Finance Department, Bihar, Secretariat, Patna.

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

For the Petitioner/s :

Mr. Shashi Nath Jha, Advocate Mr. Sunny Kumar, Advocate Mr. Rabibhushan Prasad, Advocate For the Respondent/s :

Mr. Sunil Kumar Mandal, SC-3 Mr. Arjun Prasad, A.C. to S.C. 3 Mr. Bipin Kumar, A.C. to S.C. 3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 31-01-2023 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "

2/4 "

In view of the law laid down by a coordinate Bench of this Court on 1st of December, 2022 in C.W.J.C. No. 21293 of 2021, titled as M/s Ekta Enterprises through its Proprietor Om Prakash Narayan Vs. State of Bihar & Ors., we are inclined to quash the impugned order dated 25.08.2022 passed by Respondent No. 2, namely, the Director, Information and Public Relations Department, Bihar, Secretariat, Patna (Annexure-5) and order dated 14.11.2022 passed by Special Secretary, Finance Department, Bihar, Patna (Annexure-8) for

3/4 the reason that there is no specified period for debarment stipulated in the order.

As such, we quash and set aside the impugned order dated 25.08.2022 passed by Respondent No. 2, namely, the Director, Information and Public Relations Department, Bihar, Secretariat, Patna (Annexure-5) and order dated 14.11.2022 passed by Special Secretary, Finance Department, Bihar, Patna (Annexure-8) reserving liberty to the respondents to pass a fresh order in accordance with law.

Petitioner shall make himself available in the office of Respondent No. 2, namely, the Director, Information and Public Relations Department, Bihar, Secretariat, Patna on 15th of February, 2023 at 10:30 A.M. on which date he shall place entire material in support of his contention. The said officer shall consider the same and pass a reasoned and speaking order in accordance with law within a period of two months thereafter. The order assigning reasons shall be communicated to the petitioner.

Needless to add, while considering the case of the petitioner, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. Equally, liberty is reserved to the petitioner to take

4/4 recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. Also, liberty reserved to the petitioner to approach the Court, should the need so arise subsequently on the same and subsequent cause of action.

The instant petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 01.02.2023 Transmission Date