Dismissed

Alok Kumar Singh v. The State Of Bihar and Ors.

Patna HC19 Nov 2014CWJC/5910/2014

Case brief

AI extract

What is this about?

Petitioner filed a writ petition to stay disciplinary proceedings. Court found writ infructuous as final order passed, dismissing petition but allowing challenge to final order and directing department to consider a pending appeal without limitation bar.

What did the court decide?

Writ petition dismissed; liberty granted to challenge final order; department directed to decide pending appeal without limitation bar.

Alok Kumar Singh Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5910 of 2014

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====================================================== Alok Kumar Singh, Son of Late Triveni Prasad Singh, Resident of J-35, P.C. Colony, Kankarbagh, P.S.- Kankarbagh, District- Patna .... .... Petitioner/s Versus 1. The State of Bihar 2. The Chief Secretary, Bihar, Patna 3. The Principal Secretary, General Administration Department, Bihar, Patna 4. The Secretary, Minor Water Resources Department, Bihar, Patna 5. The Joint Secretary-Cum-Enquiry Conducting Officer, Minor Water Resources Department, Bihar, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar For the Respondent/s : Mr. Manish Kumar, GP-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 19-11-2014 The petitioner has filed the present writ petition under Article 226 of the Constitution of India with a prayer to stay the disciplinary proceeding pending against him as also for setting aside the second show cause notice issued to him on 20.02.2014(Annexure-9).

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A counter affidavit has been filed on behalf of the respondent nos.4 and 5 indicating therein in paragraph 12 that now the final order has been passed in the aforesaid disciplinary proceeding on 09.04.2014. The order passed by the disciplinary authority has been brought on record as Annexure-I to the aforesaid counter affidavit.

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In above view of the matter, the present writ petition has become infructuous. It is, accordingly, dismissed.

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However, the petitioner shall be at liberty to challenge the aforesaid final order dated 09.04.2014 in an appropriate

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Patna High Court CWJC No.5910 of 2014 (2) dt.19-11-2014

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proceeding before the appropriate forum/court which shall be considered on its own merit, without being prejudiced by the present order.

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At this stage learned counsel appearing on behalf of the petitioner submits that the petitioner has already filed an appeal against the aforesaid final order dated 09.04.2014, but that is not being processed by the authorities concerned.

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It is directed that the aforesaid appeal filed by the petitioner shall be considered and decided strictly in accordance with law on its own merit, after giving an opportunity of hearing to the petitioner, and shall not be dismissed on the ground of limitation.

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(Birendra Prasad Verma, J)

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Arvind/-

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Alok Kumar Singh v. The State Of Bihar and Ors.

Case brief

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Alok Kumar Singh v. The State Of Bihar and Ors.

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