Dismissed

Upendra Kumar v. The State of Bihar

Patna HC5 Sept 2024CWJC/13298/2024

Case brief

AI extract

What is this about?

The petitioner sought to quash a departmental charge sheet (Prapatra-K). The Court held that under the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, the employee must file a reply. The petition was dismissed with instructions to file the required written statement before the competent authority.

What did the court decide?

Petitioner directed to file reply/written statement and contest before the competent authority under CCA Rules, 2005.

Upendra Kumar Vs The State of Bihar — Service and Employment | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13298 of 2024

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Upendra Kumar Son of Girija Nandan Sharma, Resident of Durga Colony, C Raj High School Road, Ward No,. 3, District- Pakur (Jharkhand).

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... ... Petitioner/s

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Versus

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The State of Bihar.

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The Additional Chief Secretary, Revenue and Land Reforms Department, Old Secretariat, Bihar, Patna.

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The Director cum Joint Secretary, (Chakbandi), Revenue and Land Reforms Department, Old Secretariat, Bihar, Patna.

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The Commissioner, Munger Division, Munger.

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The District Magistrate, Begusarai.

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The Additional District Magistrate, Begusarai.

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The Sub Divisional Officer, Begusarai.

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Deputy Collector land Reforms, Begusarai.

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The Circle Officer, Matihani, District- Begusarai.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Akhilesh Kumar Sinha, Adv. For the State : Mr. Dr. Md. Raisul Haque (SC-10)

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 05-09-2024 Heard learned counsel for the petitioner and learned

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counsel for the State.

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The present writ petition has been filed to quash the charge sheet ( Prapatra-K ) dated 31.01.2023 contained in Memo No.153 (annexed as Annexure-P/4) passed by The Director cum Joint Secretary, (Chakbandi), Revenue and Land Reforms Department, Old Secretariat, Bihar, Patna (respondent no.3) against the petitioner whereby, respondent no.3 and 5 recommended his case to initiate the departmental proceeding against the petitioner. Further prayer has been made to direct the respondent authorities that while passing such type of order, the

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Patna High Court CWJC No.13298 of 2024(2) dt.05-09-2024 2/2

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respondents should have satisfied after taking into account the relevant documentary evidence which has been approved by the District Administration and respondent should not have passed such type of illegal order against the petitioner for departmental proceeding.

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Learned counsel for the State submits that petitioner is a Government employee and Prapatra-K has been issued in which he has been directed to file the written statement but without filing the same, he filed writ petition before this Hon’ble Court challenging the Prapatra-K.

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In light of the submissions made, it transpires to this Court that under Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as CCA Rules, 2005), petitioner has supposed to file the reply/written statement before the competent authority.

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In this view of the matter, the present writ petition stands disposed off directing the petitioner to file the reply/written statement and contest himself before the authority concerned under the CCA Rules, 2005.

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(Dr. Anshuman, J)

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Divyansh/-

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Upendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Upendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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