Dismissed

Smt. Jayshree Thakur v. The State Of Bihar and Ors.

Patna HC16 Jan 2024CWJC/5130/2018

Case brief

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What is this about?

The High Court of Patna, via an oral order, disposed of a writ petition filed by a petitioner seeking quashing of her service termination order. The Court held that since the petitioner did not challenge the Disciplinary Authority's order via appeal or review as mandated by the Bihar Government Servant Rules, 2005, the writ application warrants dismissal with liberty.

What the court decided

AI extract

Smt. Jayshree Thakur Vs The State Of Bihar and… — Pension and Retirement Benefits | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5130 of 2018

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Smt. Jayshree Thakur W/o Sri Rajesh Kumar Choudhary, Resident of 201 Sundram Apartment, Tilak Manjhi, Bhagalpur, District- Bhagalpur.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The Deputy Secretary, General Administrative Department, Govt. of Bihar, Patna.

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The Special Secretary, General Administrative Department, Govt. of Bihar, Patna.

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The Secretary Water Resources Deptt. Cum Additional Departmental Enquiry Commissioner, Bihar, Patna

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The Commissioner, Bhagalpur Division, Bhagalpur.

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The Collector Bhagalpur, District- Bhagalpur.

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The Collector, Banka, District- Banka.

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... ... Respondent/s

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

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Appearance : For the Petitioner/s : Mr. Pranav Kumar Jha, Adv. For the Respondent/s : Mr. P.K.Verma -AAG3 : Mr. Dr. Anand Kumar, AC to AAG3 ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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4 16-01-2024

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Heard learned counsel for the petitioner and learned counsel for the State.

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The present writ petition has been filed by the petitioner for quashing of the notification issued by Memo No. 2/charge-01-93/2013-10955/ Patna dated 25.08.2017 by which the petitioner has been terminated from his service.

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Counsel for the State raised preliminary objection and submits that the petitioner has challenged the order passed by Disciplinary Authority directly before this Court and has

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Patna High Court CWJC No.5130 of 2018(4) dt.16-01-2024 2/2

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neither prefer appeal nor review as mentioned in the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005.

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In this background, the present writ application stands disposed off with liberty granting to the petitioner to challenge the same before the forum as mentioned in the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005.

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(Dr. Anshuman, J.)

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Prakashmani/-

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Smt. Jayshree Thakur v. The State Of Bihar and Ors.

Case brief

What is this about?

What the court decided

Smt. Jayshree Thakur v. The State Of Bihar and Ors.

Case brief

What is this about?

What the court decided

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