Neeraj Kumar Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17860 of 2022 ====================================================== Neeraj Kumar Azad Son of Late Badri Paswan, resident of Mohalla - Gur Ki Mandi, P.S. - Alamganj, Gulzarbag, Town and District - Patna - 800007. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Labour Employment and Training Department, Govt. of Bihar, Secretariat, Patna. 2.

The Director, Labour Employment and Training Department, Govt. of Bihar, Secretariat, Patna.

3.

The Principal, ITI (Industrial Training Centre), Digha Ghat, Patna - 800011. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Prakash, Advocate For the Respondent/s :

Mr.Sarvesh Kumar (Gp24) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-04-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application praying for issuance of a writ in the nature of writ of mandamus or any other appropriate writ for issuance of direction/directions to the respondent no.2 and for not acting upon the alleged referred petitioner's resignation letter dated 07.11.2022, forwarded for action to respondent no.2, by the respondent no.3, vide the memo no.1134 dated 15.11.2022 (Annexure-P/10), as the alleged resignation letter dated 07.11.2022 is not voluntarily written resignation letter, and obtained, forcibly, through coercive manner, by certain office employees of respondent no.3, who forwarded memo no.1134 dated 15.11.2022 (Annexure-P/10) to respondent no.2, which

Patna High Court CWJC No.17860 of 2022(2) dt.16-04-2024 2/3 letter is issued by respondent no.3,in circumvention of oblique action, of not allowing the petitioner to perform his official duty on post of "Workshop Attendant", on basis of false and frivolous allegations, vide hurryingly issued letter no.1001 dated 28.09.2022, (Annexure-P/4), issued by the respondent no.3, who cancelled the posting of the petitioner as "workshop Attendant, by posting as "Darban", on the basis of false and frivolous allegations, for which several show-cause notice is issued against the petitioner in arbitrary manner by respondent no.3, hence impugned letters no.1134 dated 15.11.2022 (AnnexureP/10) & memo no.1001 dated 28.09.

2022, (AnnexureP/4) are fit to be set aside by this Honble High court, and it is further prayed that a direction may be issued to respondent no.3) to allow the petitioner to perform his duty as "Workshop Attendant" in ITI, Digha Ghat, Patna, without any undue hindrance and a direction may be issued to respondent no.3 to pay petitioner's salary illegally withheld and not paid since month of September 2022."

2.

At the outset, the learned counsel for the petitioner seeks to withdraw the present writ petition in view of the stand taken by the respondents in paragraph nos.12 and 13 of the counter affidavit, wherein it has been stated that the petitioner was called in the Directorate of Employment and Training whereafter, the Director Employment and Training had asked the petitioner to continue discharging his duties,

Patna High Court CWJC No.17860 of 2022(2) dt.16-04-2024 3/3 whereupon the petitioner has been discharging his duties and he has also been paid the arrears of salary.

3.

Accordingly, the present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) kanchan/- U