Ram Bharat Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13221 of 2018 ====================================================== Ram Bharat Prasad, son of Sri Rameshwar Prasad, resident of Flat No.- 101 and102, Sri Ram Krishna Apartment, Indrapuri, P.O.- Keshri Nagar, P.S.- Patliputra, Patna- 800024.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Road Construction Department at Visheshvaraiya Bhawan, Bailey Road, Patna P.S.- Secretariat, District- Patna, State- Bihar.

2. The Special Secretary, Road Construction Department at Visheshvaraiya Bhawan, Bailey Road, Patna.

3. The Chairman, Bihar Rajya Pool Nirman Nigam Ltd., at 7- Sardar Patel Marg, Patna- 800015, District- Patna, State- Bihar.

4. The Managing Director, Bihar Rajya Pool Nirman Nigam Ltd., at 7- Sardar Ptel Marg, Patna- 800015, District- Patna, State- Bihar.

5. Sri Ram Mohan Singh, Senior Project Engineer, Bihar Rajya Pool Nirman Nigam Ltd, Works Division- Bettoiah, Disrict- West Champaran, State- Bihar.

6. Sri Chandra Bhushan Prasad, Executive Engineer, Monitoring, Road Construction Department, Saran Path, Circle Hajipur, District- Hajipur, StateBihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Nandan Prasad Singh, Adv.

For the Respondent/s :

Mr. Uday Shankar Sharan Singh- GP19 For the Pul Nigam : Mr. Md. Nadim Seraj, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 23-08-2018 Heard learned counsel for the parties.

The petitioner is an employee of the Road Construction Department and he was sent on deputation to the Bihar Rajya Pool Nirman Nigam Ltd. The petitioner has been repatriated to the original Department and is going to retire soon within a period of seven months.

Patna High Court CWJC No.13221 of 2018 dt.23-08-2018 2/2 Learned counsel for the petitioner submits that the petitioner should be allowed to remain in the Bihar Rajya Pool Nirman Nigam Ltd. and from there he wants to get his retirement. As the petitioner was on deputation, he has no right to stay at the post where he was deputed. In such circumstances, this Court does not find any merit in the present writ application to interfere in the order of repatriation. However, the petitioner will be at liberty to file a representation to the Principal Secretary, Road Construction Department who will examine the grievance of the petitioner and will dispose of the representation in accordance with law.

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

(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.08.2018 Transmission Date NA