Patna High Court
Krishnakant Singh vs The State Of Bihar on 8 April, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 8561 of 2020
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Krishnakant Singh, aged about 46 years, Male, Son of Shri Chandrika Singh,
Resident of Village-Hansuaha, PS-Harsidhi, District-East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Science
and Technology, Bihar, Patna.
2. The Special Secretary Cum Director, Department of Science and
Technology, Bihar, Patna.
3. The Principal, Government Polytechnic, Siwan Bawandiha, Chainpur,
District-Siwan.
4. The Principal, Government Polytechnic, Bettiah at Motihari, District-West
Champaran.
5. The Principal, Government Polytechnic, Sipaya, Gopalganj.
6. The Principal, Government Polytechnic, Katihar.
7. The Principal, Motihari Engineering College, District-West Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Murari Narain Chaudhary, Advocate
For the Respondent/s : Mr. Kumar Alok, SC 7 with
Mr. Rakesh Kumar, AC to SC 7
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 08-04-2021
The matter has been heard via video conferencing.
2. Heard Mr. Murari Narain Chaudhary, learned counsel
for the petitioner and Mr. Kumar Alok, learned SC 7 along with
Mr. Rakesh Kumar, learned AC to SC 7 for the State.
3. The petitioner has moved the Court for the following
reliefs:
"i. For quashing of an office order dated
04.06.2020, issued with the signature of the
Patna High Court CWJC No.8561 of 2020 dt.08-04-2021
Director, Science and Technology (Respondent no.
2) contained in Annexure 8 to the writ application,
whereby and where under during pendency of writ
application and dispite interim order of this
Hon'ble Court dated 08.04.2019, "for maintaining
status quo existing as on today regarding the
present place of posting of the petitioner", the
petitioner after awarding punishment has been
directed to give his joining at Government
Polytechnic, Katihar within 15 days from the days
from the date of punishment order.
ii. For quashing of an office order vide
memo number 507 dated 08.02.2019, contained in
Annexure-4 to this application, issued with the
signature of the special secretary cum Director,
Department of Science and Technology, Bihar,
Patna contained in Annexure-4 to this application
whereby and where under the petitioner from the
post of office peon, Govt. Polytechnic, Gopalganj
had been transferred to the Govt. Polytechnic,
Katihar.
iii. For a further direction to the
Respondent's to implement the earlier office order
No. 68 read with Memo No. 2412 dated 10.09.2018
by which on the basis of humanitarian ground
services of this petitioner on deputation was
placed/posted at Govt. Polytechnic, West
Champaran.
iv. For a further direction to the
respondents to stay the implementation of impugned
order dated 08.02.2019 and 04.06.2020, contained
in Annexure 4 and 8 respectively during pendency
of instant writ application.
v. For any other relief or reliefs, the
petitioner is entailed for."
4. Counter affidavit has been filed on behalf of the
authorities.
5. After some arguments, learned counsel for the
petitioner submitted that the matter be disposed off with liberty for
Patna High Court CWJC No.8561 of 2020 dt.08-04-2021
him to represent before the Principal Secretary, Department of
Science and Technology, Bihar, Patna in the matter.
6. Learned counsel for the State does not oppose.
7. Having regard to the aforesaid, the writ petition
stands disposed off with liberty aforesaid.
8. It is observed that if such a representation is filed
before the respondent no. 1, within one month from today, the
same shall be considered on its own merits, in accordance with
law, without being prejudiced by the present order.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
