Hemant Kumar Rana vs The State Of Bihar And Ors

Citation : 2023 Latest Caselaw 4019 Patna
Judgement Date : 24 August, 2023

Patna High Court
Hemant Kumar Rana vs The State Of Bihar And Ors on 24 August, 2023
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.11216 of 2015
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Hemant Kumar Rana Son of Sri Harihar Prasad, resident of village- Gopalpur Sagra, P.O. Nagpur, P.S. Rajpur, District- Buxar, Bihar.

... ... Petitioner/s Versus

1. The State Of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2. The District Magistrate, Saharsa.

3. The Deputy Development Commissioner, Patna.

4. The District Programme Officer, Patarghat, Saharsa.

... ... Respondent/s ====================================================== Appearance :

     For the Petitioner/s   :       Mr.Vijaylaxmi Srivastava, Advocate
     For the Respondent/s   :       Mr.Ajay Bihari Sinha, GA 8
                            :       Mr. Suryakant Kumar, AC to GA 8

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 24-08-2023

1. The present petition has been filed seeking the following relief :-

"(i) For issuance of appropriate writ/ writs, order/ orders, direction/ directions for quashing the memo no. 227-2 A dated 02.02.2010, issued under the signature of the Deputy Development Commissioner, Saharsa, whereby and whereunder the service/ contract of the petitioner as Panchayat Rozgar Sewak has been terminated/ cancelled."

2. At the outset, the learned counsel for the petitioner submits that petitioner has already deposited the amount, Patna High Court CWJC No.11216 of 2015 dt.24-08-2023 2/2 alleged to have been defalcated by him and in fact, the Mukhia of the village Panchayat Bishanpur has also been exonerated of all the charges and merely a warning has been issued to him vide order dated 12.07.2010, passed by the Deputy Development Commissioner, Saharsa, hence, the petitioner be granted liberty to challenge the order dated 02.02.2010, passed by the Deputy Development Commissioner, Saharsa , whereby and whereunder the services of the petitioner has been terminated, by filing an Appeal, stating therein the aforesaid facts. Liberty so sought, is granted.

3. It is needless to state that in case, appropriate appeal is filed by the petitioner within a period of four weeks from today, the appellate authority shall consider the aforesaid aspect of the matter and pass a reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/-

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Uploading Date          25.08.2023
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