Disposed¶26

Renu Sinha v. The State Of Bihar and Ors.

Patna HC8 Apr 2024CWJC/7110/2018

Case brief

AI extract

What is this about?

Renu Sinha v. State of Bihar, Patna High Court, CWJC No.7110 of 2018, decided 08-04-2024 by Dr. Anshuman, J. Keywords: show cause notice Memo No. 619 dated 26.03.2018; Commissioner Patna Division; dismissal from service; conviction in Special Vigilance Case No. 61 of 2007; Special Judge (Vigilance) Patna; Criminal Appeal No. 345 of 2016 pending; premature writ against show cause notice; status quo order dated 20.04.2018; petitioner crossed age of 60 / superannuation; writ disposed of with direction to take appropriate steps in accordance with law within fixed time; no coercive-interim relief granted.

What did the court decide?

No substantive relief; writ petition disposed of with a direction to the respondent authorities to take appropriate steps in accordance with law within a fixed time. ¶26

Renu Sinha Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; writ petition disposed of with a direction to the respondent authorities to take appropriate steps in accordance with law within a fixed time.

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Issue for consideration

Whether the show cause notice vide Memo No. 619 dated 26.03.2018 issued by the Commissioner, Patna Division, Patna, directing the petitioner to explain why she should not be dismissed from service on account of her conviction in Special Vigilance Case No. 61 of 2007, ought to be quashed. +2 more

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Ratio / Principle

The Court observed that on the date of filing in 2018 the petitioner was 57 years of age and has now crossed the age of 60, so she is no longer in service and may be retired; this formed the basis for not adjudicating the challenge on merits.

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Key takeaways

The writ petition was disposed of with a direction to the respondent authorities to take appropriate steps in accordance with law within a fixed time; the reliefs of quashing the show cause notice and restraining coercive action were not granted.ratio¶26

Detailed headnote1 paragraphs

Writ petition (Civil Writ Jurisdiction Case No.7110 of 2018, Patna High Court, Dr. Anshuman, J.) filed by Renu Sinha seeking quashing of a show cause notice vide Memo No. 619 dated 26.03.2018 issued by the Commissioner, Patna Division, Patna, directing her to submit a written defence as to why she should not be dismissed from service on account of her conviction in Special Vigilance Case No. 61 of 2007 by the Special Judge (Vigilance), Patna, and seeking restraint on coercive action till disposal of Criminal Appeal No. 345 of 2016. The State objected that the petition was premature as it challenged a mere show cause notice, and that status quo operated vide order dated 20.04.2018. Observing that the petitioner, aged 57 in 2018, had meanwhile crossed the age of 60 and was no longer in service, the Court disposed of the writ petition directing the respondents to take appropriate steps in accordance with law within a fixed time, without granting the reliefs sought.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7110 of 2018

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Renu Sinha W/o Sri Mahesh Pd. R/o Muhalla - Balhi, P.S. Saharsa in the district of Saharsa.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The Divisional Commissioner, Patna Division, Patna.

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The Director, I.C.D.S., Bihar, Patna.

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The District Magistrate, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Respondent/s : Mr. Prashant Pratap, GP-2

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

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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4 08-04-2024

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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The present writ application has been filed with the following relief(s):-

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“ (i) To quash the order vide Memo No. 619 dated 26.03.2018 issued by Commissioner, Patna Division, Patna under signature of the Secretary, Commissioner Patna, Division Patna whereby petitioner was directed to submit her written defense that why not petitioner be dismissed from her service on account of conviction in Special Vigilance Case No. 61 of 2007 by the Special Judge (Vigilance), Patna.

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(ii) For restraining the respondent authority to take any coercive action

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Patna High Court CWJC No.7110 of 2018(4) dt.08-04-2024 2/2

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against the petitioner till the disposal of Criminal Appeal No. 345 of 2016 filed against the above mentioned conviction order passed by the Special Judge (Vigilance), Patna.

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(iii) To stay the operation of order vide Memo No. 619 dated 26.03.2018 till the disposal of the writ application. ”

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Learned counsel for the State raised preliminary

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objection and submits that the case of petitioner is pre-matured, as he has filed the present writ application challenging the show cause which is Annexure-4. He further submits that the petitioner has already taken status quo vide order dated 20.04.2018 and no purpose shall be solved keeping the case pending.

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After hearing the argument and perusal of the record, it transpires to this Court that on the date of filing, the age of petitioner was 57 years in the year 2018. Now, it is 2024. Meaning thereby, the petitioner has crossed the age of 60. As such, she is now not in service and may be retired.

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In this view of the matter, this Court disposed of this writ petition directing the respondents’ authority to take appropriate steps in accordance with law within a fixed time.

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(Dr. Anshuman, J)

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sadique/-

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Renu Sinha v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Renu Sinha v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

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