Disposed

Urmila Devi v. The State of Bihar

Patna HC7 Jul 2022CWJC/2776/2020

Case brief

AI extract

What is this about?

In a writ petition concerning delayed RTI applications regarding a deceased husband's service proceedings, the Patna High Court disposed of the matter with liberty to approach the District Magistrate to ascertain retirement entitlements.

What did the court decide?

Writ application dismissed with liberty to approach the District Magistrate, Gaya, to ascertain the status of services rendered by the deceased husband.

Urmila Devi Vs The State of Bihar — RTI and Transparency | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2776 of 2020

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Urmila Devi wife of Sri Shambhu Sharan Singh permanent resident of Village- Jhunathi Khurd, P.o.- Jhunathi, P.s.- Kurtha, District- Arwal, presently residing at Village, P.O. and P.s.- Karpi, District- Arwal, Pin-804419

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... ... Petitioner/s

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Versus

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The State of Bihar through the Collector and District Magistrate, Gaya

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Additional Collector, Gaya

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Deputy Collector (Establishment), Gaya

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Sub-Divisional Officer, Sherghati, District- Gaya

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Block Development Officer, Mohanpur, District- Gaya

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Gyanand Roy For the Respondent/s : Mr. P.K.Verma (AAG3) ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD

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ORAL ORDER

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3 07-07-2022 Heard learned counsel for the petitioner and learend counsel

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for the State.

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While working as an account clerk, the petitioner’s husband appears to have been proceeded against by a charge-memo dated 17.08.2002 (Annexure- P/4 to the writ petition). From the second show-cause notice dated 17.09.2004 (Annexure-P/5), it appears that he did not participate in the proceedings and therefore a second show-cause was issued based on ex parte inquiry report.

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16 years thereafter, the instant writ petition has been filed wherein the petitioner has enclosed certain applications made under the Right to Information (RTI) Act. It is submitted that the applications, filed under RTI Act 14 years after the alleged showcause, have not been responded to by the authorities.

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Patna High Court CWJC No.2776 of 2020(3) dt.07-07-2022 12/2

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The petitioner’s husband admittedly is not in service for the last two decades; and has not responded to the charge-memo or show-cause which was issued while he was in service. However, it is submitted by Mr. Roy, learned counsel for the petitioner that petitioner nonetheless is entitled to know the fate of proceedings and whether anything was due to the petitioner’s husband on account of whatsoever service he has rendered as account clerk in the office of the District Magistrate, Gaya.

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In view of such submission, this application need not be kept pending and the same is disposed of with liberty to the petitioner to approach the office of District Magistrate, Gaya and make a representation so as to ascertain the status/entitlement of the petitioner based on the services claimed to have been rendered by her husband. The petitioner would be at liberty to enclose the charge-memo and second show-cause notice to facilitate identification of the records, having regard to the fact that the issue is decades old.

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Writ application is disposed of.

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(Madhuresh Prasad, J)

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SUMIT/- U

Urmila Devi v. The State of Bihar

Case brief

What is this about?

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Urmila Devi v. The State of Bihar

Case brief

What is this about?

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