Allowed

Suraj Kumar v. The State of Bihar

Patna HC22 Apr 2022CWJC/6308/2020

Case brief

AI extract

What is this about?

The court allowed two writ petitions filed by Shailesh Kumar and Suraj Kumar for quashing their termination as Executive Assistants. Relying on C.W.J.C No. 5537 of 2020 allowing a similar petition, the court set aside the impugned orders dated 23.09.2019 and directed the competent authority to take action in accordance with the cited precedent.

What did the court decide?

Impugned order dated 23.09.2019 set aside; direct competent authority to take action per para 12 of C.W.J.C No. 5537 of 2020.

Suraj Kumar 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.5764 of 2020

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Shailesh Kumar Son of Late Akhilesh Sharma Resident of Satsang Nagar, Raja Bazar, Police Station- Jehanabad, District- Jehanabad.

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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. 2. Bihar Prashasnik Sudhar Mission Society, General Administration Department, Government of Bihar, Patna.

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The Mission Director, Bihar Prashasnik Sudhar Mission Society, General Administration Department, Government of Bihar, Patna.

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The Additional Mission Director, Bihar Prashasnik Sudhar Mission Society, General Administration Department, Government of Bihar, Patna.

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The District Magistrate, Jehanabad.

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The Additional District Magistrate, Jehanabad.

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The Sub- Divisional Officer, Jehanabad.

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The Nodal Officer, RTPS (Right to Public Service) Jehanabad.

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The Officer in Charge, District Confidential Branch, Jehanabad.

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The Circle Officer, Jehanabad Anchal, Jehanabad.

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The Block Development Officer, Jehanabad Block, Jehanabad.

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... ... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No. 6308 of 2020

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======================================================

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Suraj Kumar Son of Sri Mahendra Prasad Resident of Village- Bijavar, Police Station- Dhanarua, District- Patna.

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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. 2. Bihar Prashasnik Sudhar Mission Society, General Administration Department, Government of Bihar, Patna.

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The Mission Director, Bihar Prashasnik Sudhar Mission Society, General Administration Department, Government of Bihar, Patna.

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The Additional Mission Director, Bihar Prashasnik Sudhar Mission Society, General Administration Department, Government of Bihar, Patna.

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The District Magistrate, Jehanabad.

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The Additional District Magistrate, Jehanabad.

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The Sub-Divisional Officer, Jehanabad.

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The Nodal Officer, RTPS (Right to Public Service) Jehanabad.

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Patna High Court CWJC No.5764 of 2020 dt.22-04-2022 2/3

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The Officer in Charge, District Confidential Branch, Jehanabad.

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The Circle Officer, Jehanabad Anchal, Jehanabad.

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The Block Development Officer, Jehanabad Block, Jehanabad.

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... ... Respondent/s

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====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 5764 of 2020) For the Petitioner/s : Mr. Alok Kumar @ Alok Kr Shahi, Advocate Smt. Archana Sinha, Advocate For the Respondent/s : Mr. Sheo Shankar Prasad, SC 8 (In Civil Writ Jurisdiction Case No. 6308 of 2020) For the Petitioner/s : Mr. Alok Kumar @ Alok Kr Shahi, Advocate Smt. Archana Sinha, Advocate For the Respondent/s : Mr.Manish Kumar, GP 4 Mr. Ajay Kumar, AC to GP 4 ======================================================

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 22-04-2022

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C.W.J.C. No. 5764 of 2020 and C.W.J.C. No. 6308 of 2020

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Heard learned counsel for the parties through virtual

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court proceedings.

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In the instant petitions, petitioners have prayed for the

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following relief/reliefs:

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“(i) For issuance of writ in the nature of certiorari for quashing Order dated 23.-09-2019 in which the petitioner has been terminated/removed from service as Executive Assistant at Jehanabad Circle, Jehanabad.

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(ii) For any other consequential relief/reliefs for which the petitioner is entitle by this Hon’ble Court in the facts and circumstances of the present case.”

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Patna High Court CWJC No.5764 of 2020 dt.22-04-2022 3/3

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Learned counsel for the petitioners submitted that arising out of the impugned order one Amit Kumar filed C.W.J.C No. 5537 of 2020 and it was allowed on 29.03.2022.

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Learned counsel for the State has not disputed that the present matters are identical to that of Amit Kumar’s case. Accordingly, the present petitions stand allowed in terms of the order passed in C.W.J.C No. 5537 of 2020. Impugned order dated 23.09.2019 stands set aside. The consequential direction as stated in paragraph No. 12 of C.W.J.C No. 5537 of 2020 is also squarely applicable to the present cases.

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The competent authority is hereby directed to take note of and to take appropriate necessary action in terms of paragraph 12 of the order dated 29.03.2022 of C.W.J.C. No. 5537 of 2020 in the case of Amit Kumar.

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(P. B. Bajanthri, J)

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GAURAV S./-

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AFR/NAFR
CAV DATE
Uploading Date	27.04.2022
Transmission Date

Suraj Kumar v. The State of Bihar

Case brief

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Suraj Kumar v. The State of Bihar

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