Dismissed

Sri Nirmal Kumar Nirmal v. The State Of Bihar and Ors.

Patna HC22 Oct 2013CWJC/18187/2013

Case brief

AI extract

What is this about?

The Patna High Court dismissed a writ application filed by a government servant challenging a punishment order as ill-advised because the order was appealable under the Bihar Government Servant Rules. The Court directed the petitioner to file an appeal instead.

What did the court decide?

None; the application was disposed of as ill-advised and misconceived with a direction to file an appeal.

Sri Nirmal Kumar Nirmal Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18187 of 2013

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====================================================== Sri Nirmal Kumar Nirmal, s/o Panchlal Mandal, r/o village Kodwara, P.S. Kahalgaon, District Bhagalpur. .... .... Petitioner/s Versus 1.The State Of Bihar through the Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna. 2.The Secretary, Primary Education, Government Of Bihar, Patna. 3.Director, Primary Education, Government Of Bihar, Patna. 4.The District Magistrate, Banka. 5.The District Program Officer (Establishment), Department of Education, Banka. 6.The District Education Officer, Department of Education, Banka. 7.The Block Education Officer, Department of Education, Banka. 8.The Superintendent of Police, Banka. 9.The Officer In-charge, Banka, Banka. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Anshuman Singh, Adv For the Respondent/s : Mr. Madhuresh Prasad GP-12 with Mr. Rajiv Verma, AC to GP-12. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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2 22-10-2013 Heard learned counsel for the parties. Having regard to the fact that the impugned order of

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punishment passed by the District Programme Officer(Establishment), Banka dated 24.05.2013 is appealable in terms of Bihar Government Servant (Classification, Control & Appeal) Rules-2005, this Court must hold the present writ application to be ill advised and misconceived.

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The submission of Mr. Anshuman Singh, learned counsel appearing on behalf of the petitioner that such

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Patna High Court CWJC No.18187 of 2013 (2) dt.22-10-2013

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impugned order of punishment has been passed on the basis of ex parte inquiry, in no view of the matter, can obviate the requirement of filing of an appeal, inasmuch as, the appellate authority can also examine as with regard to the procedure followed by the disciplinary authority while inflicting the order of punishment. Therefore, if the petitioner files an appeal and raise the plea against the ex parte inquiry before the appellate authority shall also address himself on this aspect.

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With the aforementioned observation and direction, this application is disposed of.

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Ranjan/-

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(Mihir Kumar Jha, J)

Sri Nirmal Kumar Nirmal v. The State Of Bihar and Ors.

Case brief

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Sri Nirmal Kumar Nirmal v. The State Of Bihar and Ors.

Case brief

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