← Library
Patna High CourtCWJC/19412/2024disposed

Vijay Kumar v. The State Of Bihar

2025-01-07Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19412 of 2024 ====================================================== Vijay Kumar Son of Late Krishna Prasad Yadav, Resident of VillageChiraiyatar, P.O. and P.S.- Rampur, District- Gaya. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, at Patna.

2.

Principal Secretary, Home Department, Government of Bihar, at Patna. 3.

Director General of Police, Bihar at Patna.

4.

Additional Chief Secretary, Home Department (Jail), Patel Bhawan Bailey Road Patna.

5.

I.G. Inspectorate of Prisons and Correctional Services, Home Department, Government of Bihar at Patna.

6.

D.I.G, Inspectorate of Prisons and Correctional Services, Home Department, Government of Bihar at Patna.

7.

Deputy Secretary -cum- Deputy Director, Inspectorate of Prisons and Correctional Services, Home Department, Government of Bihar at Patna. 8.

Superintendent, Hajipur Division (Jail), Department of Prisons and Correctional Services, Hajipur, District- Hajipur. 9.

Superintendent, Buxar (Jail), Department of Prisons and Correctional Services, Biharsharif, District- Biharsharif. 10.

Superintendent, Munger (Jail), Department of Prisons and Correctional Services, Munger, District- Munger.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Alka Singh, Advocate Mr. Sumeet Kumar Singh, Advocate Mr. Shivam Singh, Advocate Mr. Kumar Avinash, Advocate Mr. Kumar Vikram, Advocate For the Respondents :

Mr. Binod Kumar Yadav, SC-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 07-01-2025 Heard learned counsel for the parties.

2. The petitioner who was dismissed from the post of Chief Warden by the I.G., Inspectorate of Prisons and Correctional Services, Home Department, Government of Bihar

Patna High Court CWJC No.19412 of 2024(2) dt.07-01-2025 2/3 vide Memo No. 11055 dated 21.12.2023 with a further direction to recover a sum of Rs. 62,500/- from the petitioner, has filed this writ petition challenging the dismissal order referred to hereinabove. The petitioner further contends that against the aforesaid dismissal order of the petitioner from service, a statutory appeal under Bihar Government Servants CCA Rules, 2005 has been filed before the Additional Chief Secretary, Home Department (Jail), Government of Bihar which appeal was received by the office of the Additional Chief Secretary, Home Department (Jail), Government of Bihar on 16.01.2024, which, however, has not yet been disposed of by the Appellate Authority. It is under the aforesaid circumstances that the petitioner has approached this Court by filing the writ petition challenging the dismissal order.

3. Learned counsel for the petitioner has submitted that since the appeal filed by the petitioner before the Appellate Authority is pending consideration by the Appellate Authority, this writ petition may be disposed of at this stage by directing the Appellate Authority to dispose of the appeal filed by the petitioner within a specified period.

4. Learned State counsel has submitted that the Appellate Authority may be given further three months time to

Patna High Court CWJC No.19412 of 2024(2) dt.07-01-2025 3/3 consider and dispose of the appeal filed by the petitioner.

5. Having heard the learned counsel for the parties, this writ petition is hereby disposed of with a direction to the Additional Chief Secretary, Home Department (Jail), Government of Bihar/ Respondent No. 4 before whom the appeal filed by the petitioner under the provision of Bihar Government Servants CCA Rules, 2005 challenging the order dated 21.12.2023 by the I.G., Inspectorate of Prisons and Correctional Services, Home Department, Government of Bihar vide Memo No. 11055 which appeal is stated to have been received by the office of Additional Chief Secretary, Home Department (Jail), Government of Bihar on 16.01.2024 to dispose of the same, in accordance with law, as expeditiously as possible and in any case not later than three months from the date of the receipt of the certified copy of the order.

6. This writ petition is disposed of with the above direction.

(Nani Tagia, J) Nishant/- U