Patna High Court
Baban Kumar Chaudhary vs The Union Of India on 1 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13925 of 2021
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Baban Kumar Chaudhary S/o Laxmi Chaudhary, Resident of Village and P.O.
- Jagatpur, P.S.- Rahika, District - Madhubani, At present designated post as
constable SSB, No. 1702441399 (Bihar).
... ... Petitioner/s
Versus
1. The Union of India through the Director General of SSB, R.K.Puram, New
Delhi.
2. Inspector General, Siligori, West Bengal Frontier.
3. Deputy Inspector General of S.S.B., Jalpaiguri, West Bengal.
4. Commandant 17th Bataliyan S.S.B., Falakata, West Bengal.
5. Mr. Rishikesh Kumar Srivastava, 2nd In-Commandant 17th Bataliyan
S.S.B., Falakata, West Bengal.
6. Mr. B.B.Singh, Deputy Commandant (Medical) Falakata, West Bengal.
7. Mrs. Ahuti Singh, Assistant Commandant (Medical), 53rd Bn. Simalabari,
West Bengal.
8. Inspector General of S.S.B., Patna Frontier, Patna.
9. Deputy Inspector General Muzaffarpur Sector, Head Quator, Muzafferpur,
Bihar.
10. Mr. Rajan Kumar Srivastava, 2nd in Commandant 51th Bn. SSB, Sitamarhi
(II) Industrial Area, Bihar, namely Ranjan Kumar Srivastava.
11. Mr. Abhishek Kumar Singh, Inspector Administrator, 51th Bn. SSB, SSB,
Sitamarhi (II), Industrial Area, Bihar, namely Abhishek Kumar Singh.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Devendra Kumar, Advocate
For the Respondent/s (UOI): Mr.Dr. K.N. Singh, Sr. Advocate (Asg)
Mr. Anshuman Singh, Advocate CGC
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 01-12-2021
Heard the learned counsels for the parties.
2. In the present petition, petitioner has prayed for
following reliefs:
"i. For issuance of appropriate
writ in the nature of mandamus and
directing and commanding the respondent
Patna High Court CWJC No.13925 of 2021 dt.01-12-2021
authorities to conform the probation
period of the petitioner. Whereby and
whereunder the respondents have
maliously physically and mentally
harassed to the petitioner as well as his
wife also along with false allegations i.e.
indiscipline, Psychiatric etc. against the
petitioner. Due to such activities of the
respondents have not conform the
probation period. It would be conformed
due to false allegations and as such the
probation period extended on 31.08.2020.
Again probation order was passed on
11.09.2020 up to extended to 28.02.2021.
(ii) For further prayed that to
make independent inquiry against the
respondents who have involved such
conspiracy in collusion with other
officials. After inquiry may penalized
them all the convicts/ accordance with
law.
(iii) For further direction that
respondent authorities if report is favour
of the petitioner then may quash several
charges against the petitioner as well as
his wife.
(iv) Any other relief/relief as
your lordships may deem fit and proper."
3. Grievance of the petitioner is pending consideration
before the appointing authority for the purpose of declaration of
probation period of the petitioner.
4. Learned counsel for the respondent, on instruction,
submitted that petitioner is alleged to have misbehaved while he
was in service.
5. It is submitted that enquiry has not initiated as on
Patna High Court CWJC No.13925 of 2021 dt.01-12-2021
this date.
6. Undisputedly, as on this date, charge of memo has
not been issued. Therefore, the concerned respondent/appointing
authority is hereby directed to take a decision on the petitioner's
grievance within a period of one month from the date of receipt
of copy of this order. In the event of any initiation of enquiry,
the same shall be initiated and concluded within a period of
three months, otherwise redress the petitioner's grievance within
the aforesaid time limit.
with the above observations, the instant petition
stands disposed of.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 07.12.2021
Transmission Date
