This writ petition challenging the dismissal from service was disposed of by directing the appellate authority to examine and decide the pending appeal within four months.
Appellate authority to examine the pending appeal and decide it within four months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.528 of 2022
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Ramsharan Yadav Son of Late Bhengri Yadav Resident of Devapur, P.O.Harkhua, P.S.- Majhagar, District- Gopalganj.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashish Giri, Advocate For the Respondent/s : Mr. P.K. Verma (AAG 3)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT
Date : 02-02-2022
This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic.
In the instant petition, petitioner has prayed for the following relief(s):-
“(i) To issue writ/order or direction in the nature of Certiorari for quashing the order contained in memo no. 1735 dated 28.12.2020 issued under the signature of Deputy Inspector General, Munger Region, Munger, by which pursuant to the departmental proceeding the petitioner has been dismissed from his service with immediate effect. (Annexure6A Page46).
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(ii) To issue writ/order or direction in the naturë of certiorari for setting aside the memo no. 101 dated 08.01.2021 issued by the Superintendent of Police, Munger by which the petitioner was communicated about the order of dismissal dated 28.12.2020 issued by the Deputy Inspector General, Munger Circle, Munger. (Annexure-6 Page 45).
(iii) To issue writ/order or direction in the nature of mandamus commanding the respondents to restore the service of the petitioner with all consequential benefits.
(iv) To hold and declare that the entire departmental proceeding as initiated against the petitioner including the order of imposition of penalty is not tenable in the eyes of law and liable to quash and accordingly direct the authorities to grant consequential benefits as a result thereof.
(v) To any relief or reliefs for which the petitioner is entitled to be entitled in the facts and circumstances of the case.”
Petitioner has already invoked statutory remedy of appeal before the appellate authority against the order of dismissal dated 28.12.2020.
Therefore, the appellate authority is hereby directed to examine the petitioner’s appeal dated 08.04.2021 (Annexure-7) and decide the same within a period of four months from the date of receipt of this order if it has not already decided. If it is decided
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a copy of the appellate authority order be communicated to the petitioner/petitioner’s counsel.
With the aforesaid observations, the present writ petition
stands disposed off.
(P. B. Bajanthri, J)
Vikash/-
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1 issue framed by the court
Whether the appellate remedy to the departmental authority is liable to be directed despite the filing of a writ petition.
Ramsharan Yadav
State of Bihar through the Principal Secretary, Home Department, Government of Bihar
P. B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
