Sharmila Sinha v. The State Of Bihar and Ors.
Case brief
What is this about?
This writ petition challenges the rejection of the petitioner's claims for earned leave and A.C.P. due to medical illness. The Court held that the authorities failed to apply their mind and examined the facts improperly.
What did the court decide?
Both orders of the Collector were set aside and the matter was remanded for fresh examination of the application with a direction to decide within three months.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13895 of 2013
=========================================================== Sharmila Sinha Wife Of Shri Dipak Kumar Sinha Resident Of Mohalla Yarpur, P.S. Gardanibagh, District Patna
.... .... Petitioner/s
Versus
- The State Of Bihar 2. The Collector, Patna 3. The Block Development Officer, Patna Sadar, Patna .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Satish Kumar Sinha For the Respondent/s : Mr. A. Karim, AC to GP-10
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 01-12-2016
Heard learned counsel for the petitioner and counsel for the
State.
In this case, the petitioner is challenging an order no. 3003 dated 28.6.2008 (Annexure-3) whereby and whereunder the Collector, Patna has rejected the claim of earned leave to the petitioner for the period 6.5.2004 to 9.9.2004 (total 70 days) but granted leave on the basis of 'no work no pay'. The petitioner has also challenged the order no. 1114 dated 2.4.2013 (Annexure-5) whereby the Collector, Patna has rejected the representation dated 4.1.2013 with regard to claim of earned leave for her absence on account of her medical ground.
Issues for consideration
3 issues framed by the court
Whether the rejection of the petitioner's claim for earned leave and grant of 'no work no pay' leave was lawful.
Whether the Collector failed to apply mind to the petitioner's medical predicament before rejecting her application.
Whether the petitioner should be permitted lost Annual Cumulative Privilege (A.C.P.).
Parties & counsel
- petitioner
Sharmila Sinha
- respondent
State Of Bihar
- respondent
Collector, Patna
- respondent
Block Development Officer, Patna Sadar
Coram
Case details
As recorded by the court registry
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