Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.348 of 2024 ====================================================== Shailendra Kumar Son of Late Yadunandan Sharma, Resident of Village and PO. and P.S. Deep Nagar, District- Nalanda, Pin-803111. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

4.

The Additional Chief Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

5.

The Commissioner, Patna, Bihar.

6.

The Collector Cum-District Magistrate, Nalanda. 7.

The Additional Collector, Nalanda.

8.

The Sub-Divisional Officer, Rajgir, Nalanda.

9.

The Deputy Collector Land Reforms (DCLR), Rajgir, Nalanda. 10.

The Circle Officer, Rajgir, Nalanda.

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

For the Petitioner/s :

Mr.Ashutosh Singh, Adv.

Mr.Vidhan Chandra Pathak, Adv.

For the Respondent/s :

Mrs,Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.i. For to set aside the memo no. 7488/2023 dated 09.11.2023 issued by the Respondent no. 3 where by and whereunder the petitioner has been awarded punishment as compulsory retirement from the service with effect from 03.10.2023 (AnnexureP/13). ii. For directing the respondent authority concerned to restore the services of the petitioner with all

Patna High Court CWJC No.348 of 2024(2) dt.15-02-2024 2/2 consequential benefits after quashing the memo no. 7488/2023 dated 09.11.2023 issued by the Respondent no. 3.

iii. For directing the concerned respondent authority to pay all the subsistence allowance for the period of suspension, which has not been paid during entire suspension period."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 09.11.2023, passed by the District Magistrate, Nalanda, at Biharsharif, by filing appropriate appeal. Liberty so sought is granted.

3. It is needless to state that in case appropriate appeal is filed by the petitioner, before the Appellate Authority, within a period of two weeks from today, the Appellate Authority shall examine the same on merits and pass a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U