Patna High Court
Pankaj Kumar vs The State Of Bihar Through The ... on 1 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15314 of 2021
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Pankaj Kumar Son of Late Sachchida Nand Prasad Resident of South of P and
T Colony, Mithanpura, P.S. Mithanpura, District- Muzaffarpur, Presently
working as Clerk, Block Office, Aurai, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Rural Development Department, Government of
Bihar, Patna.
3. The Divisional Commissioner, Tirhut division, Muzaffarpur.
4. The District Magistrate, Muzaffarpur, District- Muzaffarpur.
5. The Additional Collector, Departmental Enquiry, Muzaffarpur, Muzaffarpur.
6. The Treasury Officer, Muzaffarpur. District- Muzaffarpur.
7. The Sub - Divisional Officer, Muzaffarpur East, District- Muzaffarpur.
8. The Establishment Deputy Collector, Muzaffarpur, District- Muzaffarpur.
9. The Block Development Officer, Gaighat, District- Muzaffarpur.
10. The Block Development Officer, Aurai, District- Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vijay Kumar Singh, Advocate
For the Respondent/s : Mr. Vikash Kumar (SC 11)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 01-12-2021
Heard learned counsels for respective parties.
In the instant petition, petitioner has prayed for the
following reliefs:-
"(i) For issuance of an
appropriate writ in the nature of
CERTIORARI for quashing the order dated
01.02.2021 passed by the District
Magistrate, Muzaffarpur, Respondent no. 4
and contained in his memo no. 178 dated
02.02.2021, whereby and where under the
Respondent no. 4 was pleased to pass an
Patna High Court CWJC No.15314 of 2021 dt.01-12-2021
order that the petitioner is not entitled to get
anything during the suspension period
except subsistence allowance, the stoppage
of three increment with cumulative effect
and deposit of Rs. 20 Lacs in Block Nazarat,
Gaighat within a period of 20 days.
(ii) For issuance of an
appropriate writ in the nature of
CERTIORARI for quashing the order dated
03.08.2021 passed by the Respondent no. 10
and contained in his memo no. 813 dated
03.08.2021 whereby and where under the
Respondent no. 10 directed the petitioner to
deposit Rs. 25,000/- per month in Block
Nazarat, Gaighat pursuant to the order
dated 02.02.2021 passed by the Respondent
no. 4 failing which from the next month his
salary will be stopped.
(iii) For issuance of an
appropriate writ in the nature of
MANDAMUS, commanding and directing
the Respondent Authorities to pay the salary
of the suspension period after deducting the
amount of subsistence allowance and to pay
full current salary to the petitioner without
any interruption as also to restrain the
Respondents for stoppage of increment with
cumulative effect and recovery from the
salary of the petitioner.
(iv) For issuance of any other
appropriate writ/writs, order/orders,
direction/directions for which the writ
petitioner would be found entitled under the
facts and circumstances of the case."
Against the order of penalty dated 01.02.2021
(Annexure-P-12) petitioner has preferred an appeal before the
appellate authority, i.e., respondent no. 3, the Divisional
Patna High Court CWJC No.15314 of 2021 dt.01-12-2021
Commissioner, Tirhut Division, Muzaffarpur on 22.02.2021 which
is pending consideration. Therefore, the appellate authority,
respondent no. 3, is hereby directed to examine the petitioner's
appeal in the light of provision relating to consideration of appeal
and proceed to pass speaking order after due consideration of the
contentions raised in the appeal. The above exercise shall be
completed within a period of six months from the date of receipt of
this order.
With the aforesaid observations, the present writ petition
as well as Interlocutory Application No. 1 of 2021 stands disposed
off.
(P. B. Bajanthri, J)
Vikash/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date
Transmission Date N/A
