← Library
Patna High CourtCWJC/12859/2018disposed

Pinku Kumar Rabidas v. The State Of Bihar And ORS

2020-06-17Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 12859 of 2018 ====================================================== Pinku Kumar Rabidas Son of Late Rajendra Rabidas, Resident of VillageBhawnarpur, P.S.- Bhispur, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Human Resources, Department (Education) PS Government of Bihar, New Secretariat, Patna. 2.

Regional Deputy Director of Education Bhagalpur, PO+PS+DistrictBhagalpur. 3.

District Education Officer, Bhagalpur, PS+ PO+District- Bhagalpur. 4.

District Magistrate, cum District Election Officer 2010 Bihar Vidhan Sabha Election Bihar at Bhagalpur PO+PS+District- Bhagalpur. 5.

Principal, Zila School, Bhagalpur, PO+ PS+ District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr. Jitendra Kumar Roy No. 1, SC 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-06-2020 The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

2. Nobody appears on behalf of the petitioner. Mr. Jitendra Kumar Roy No. 1, learned SC13, for the State has been heard.

Patna High Court CWJC No.12859 of 2018 dt.17-06-2020 2/3

3. The petitioner has moved the Court for the following relief:

"1. That this is an application to quash the suspension order dated 18.1.2011 issued by Regional Deputy Director Education Bhagalpur, Division whereby and where under the petitioner has been suspended from his duty as peon of zila school, Bhagalpur assigning the reason that he refused to except the letter issued by District Magistrate-cum-District Election Officer, Bhagalpur during 2010 Vidhan Shabha Election and the ground of suspension was not to comply the order to participate in election even after reliving from deputation at teacher training school Nagarpara, Bhagalpur when both the allegation are totally wrong as the petitioner had participated both the 2000 Bihar Assembly Election when was posted as Polling Officer in polling party no. 1542 to participate in Sultanganj Assembly constituency as well as latter on in Naugachia Panchyat Election by the order of District Magistrate, Bhagalpur which document are in support of petitioner."

4. Learned counsel for the State submitted that the petitioner had filed the application for quashing of his suspension order dated 18.01.2011. It was submitted that the present application was filed 06.07.2018 and the suspension of the petitioner has been revoked vide Memo No. 1151 dated 09.08.2018 by the Regional Education Deputy Director, Bhagalpur and he has also subsequently joined. Learned counsel submitted that the departmental proceeding against the petitioner

Patna High Court CWJC No.12859 of 2018 dt.17-06-2020 3/3 has also been concluded. Learned counsel submitted that the application has become infructuous.

5. In the aforesaid background, the writ petition stands disposed off.

(Ahsanuddin Amanullah, J.) P. Kumar/Anand Kr.

AFR/NAFR U T