Disposed

Ram Pravesh Chaudhary v. The State of Bihar

Patna HC2 Sept 2022CWJC/13032/2021

Case brief

AI extract

What is this about?

This is an oral order in a writ petition challenging a punishment order. The petitioner argued that a pending service appeal before the Commissioner prevented the disposal of the writ. The Court agreed that pendency was futile and directed the Commissioner to decide the appeal within eight weeks.

What did the court decide?

Response No.2 directed to take a final decision on the petitioner's Service Appeal within eight weeks of receipt of this order.

Ram Pravesh Chaudhary Vs The State of Bihar — Service and Employment | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13032 of 2021

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Ram Pravesh Chaudhary, Son of Raudi Chaudhary, Resident of Village - Mirchayee Patee, P.S. - Town Thana, District - Sitamarhi.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The Commissioner, Tirhut Division, Muzaffarpur.

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The District Magistrate, Sheohar.

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District Establishment Deputy Collector, Sheohar.

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The Treasury Officer, Sheohar.

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The Additional Collector - Cum - District Public Grievance Redressal Officer, Sheohar.

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Sub Divisional Public Grievance Redressal Officer, Sheohar.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Ranjeet Kumar, Advocate For the Respondent/s : Mr.Md.N.H.Khan, SC1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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2 02-09-2022

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Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing.

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The limited issue raised by the petitioner is that the petitioner has filed an appeal against the order of punishment dated 31.07.2020 passed by the District Magistrate, Sheohar. The Service Appeal No.84 of 2020 is said to be pending consideration before the Commissioner, Tirhut Division, Muzaffarpur.

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The learned State Counsel has appeared through virtual mode and has submitted that if such an appeal is pending

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Patna High Court CWJC No.13032 of 2021(2) dt.02-09-2022 2/2

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then the fact that it has to be considered and disposed of cannot be denied or disputed.

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In view of the stand of the parties and the limited grievance raised by the petitioner today, pendency of the writ petition would be futile.

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Writ application is accordingly disposed of with direction to the Respondent No.2 to take a final decision on the petitioner’s appeal, in accordance with law, expeditiously and preferably within eight weeks from the date of receipt/production of a copy of this order.

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(Madhuresh Prasad, J)

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shashank/-

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Ram Pravesh Chaudhary v. The State of Bihar

Case brief

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Ram Pravesh Chaudhary v. The State of Bihar

Case brief

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