Disposed

Ashok Kumar v. The Bihar State Electricity Board and Ors.

Patna HC2 Jul 2013CWJC/5781/2013

Case brief

AI extract

What is this about?

Petitioner alleged extortion and threat by Respondent 6. Court, finding allegations uncontroverted due to non-appearance of Respondent 6, directed the Board to institute an enquiry and take appropriate action, specifying that final assessment decide by a senior officer.

What did the court decide?

Directed authorities to institute an enquiry and take action; directed higher authority to consider report outcome; final assessment to be decided by senior officer.

Ashok Kumar Vs The Bihar State Electricity Board 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.5781 of 2013

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====================================================== 1. Ashok Kumar S/O Sri Mathura Prasad R/O Mohalla- Gurudwara Road, P.S.- Kotwali, District- Gaya

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.... .... Petitioner/s Versus 1. The Bihar State Electricity Board Through Its Secretary 2. The Chairman Bihar State Electricity Board, Patna 3. The Secretary Bihar Electricity Board, Patna 4. Assistant Electrical Engineer Urban Electric Supply Sub Division No. 2, Gol Pathar, Gaya 5. Electrical Executive Engineer Electric Supply Division No. 2, Gol Pathar, Gaya 6. Shri Suraj Kumar Rajak Assistant Electrical Engineer, Urban Electric Supply Sub Division No. 2, Gol Pathar Gaya, Town Gaya .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Verma For the Respondent/s : Mr. Anand Kumar Ojha ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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4 02-07-2013 The statements made by the petitioner on oath in paragraphs 15 and 16 are as follows :

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“15. That recently the Assistant Electrical Engineer division II Gol Pathar, Gaya Mr. Suraj Kumar Rajak had approached the petitioner soliciting a fixed monthly Gratification. The said Mr. Rajak threatened the petitioner that he would not be spared.

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16. That based on extraneous consideration, the said Suraj Kumar Rajak visited petitioner’s business premises with some persons on 22.02.2013. He used abusive language and extracted the two meters installed at his premise. All of a sudden on 23.02.2013 two letters bearing letter no.197 and 198 dated 23.02.2013 was sent to petitioner by said Shri Suraj Kumar Rajak enclosing therewith a provisional Assessment. The said letter contemplates about the raid conducted on petitioners premises on 22/02/2013 and institution of FIR against the petitioner.”

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In view of this statement, this Court directed for issue

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Patna High Court CWJC No.5781 of 2013 (4) dt.02-07-2013

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of notice on respondent no.6. Learned counsel appearing for the Board was also requested to intimate respondent no.6 that in view of this allegation he is required to appear in this case independently. Mr. Ojha, learned counsel for the Board had informed this Court on the last date that respondent no.6 had been informed and he had received notice also. However, till today, respondent no.6 has not appeared in this case. Hence, above statement made by the petitioner stands uncontroverted. In the circumstances, authorities of the Board are directed to institute an enquiry in respect of the allegations made by the petitioner in the said paragraphs and take appropriate action as may be required on conclusion of enquiry.

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Since personal allegations have been leveled against respondent no.6, in the peculiar facts and circumstances of the case, this Court directs some higher authority of the Board, than respondent no.6 to consider the outcome of the report and take appropriate decision, which may be required to be taken in the matter, in the interest of justice. Thereafter final assessment proceeding shall be held and decided by some senior officer.

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Writ application is disposed of with the above observations and directions.

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(Jayanandan Singh, J)

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Pradeep/-

Ashok Kumar v. The Bihar State Electricity Board and Ors.

Case brief

What is this about?

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Ashok Kumar v. The Bihar State Electricity Board and Ors.

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