Ashok Kumar vs The State Of Bihar
2021 Latest Caselaw 6126 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.2581 of 2021
     ======================================================

Ashok Kumar Son of Shivdayal Mahto Resident of Mohalla - Road No. 9, Green Park Colony, A.D.M. Road, East of Mangal Chowk, P.S. Ramkrishna Nagar, Khemnichak Town and District - Patna.

... ... Petitioner/s Versus

1. The State of Bihar, Bihar.

2. The Addl. Chief Secretary, Department of Prohibition and Excise, Government of Bihar, Patna.

3. The Commissioner, Department of Prohibition and Excise, Government of Bihar, Patna.

4. The Joint Secretary, Department of Prohibition and Excise, Government of Bihar, Patna.

5. The Special Secretary, Department of Prohibition and Excise, Government of Bihar, Patna.

6. The Joint Commissioner-cum-Enquiring Officer, Department of Prohibition and Excise, Government of Bihar, Patna.

7. Assistant Commissioner (Gaya)- cum - Presenting Officer, Patna.

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

For the Petitioner/s : Mr. Akhilesh Dutta Verma, Advocate For the Respondent/s : Mr. Dhirendra Kumar, AC to AAG 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-12-2021

In the instant petition, petitioner has prayed for

following relief/reliefs:

"That, the application is for issuance of writ in the nature of certiorari for quashing the order dated 11.06.2020 vide memo no. 1843 (Annexure-12) passed by the commissioner Department of Prohibition and Excise, Government of Bihar whereby and where under five annual increment with cumulative effect has been forfeited imposing major punishment to the petitioner, even after a clear cut finding of exoneration from two major charges by the departmental enquiring officer in departmental enquiry report and for an appropriate direction/ order/ command directing the Patna High Court CWJC No.2581 of 2021 dt.14-12-2021

respondent to grant all the consequential benefit from the date of suspension or for any other order or orders as may deem fit and proper in the facts and circumstances of the case."

Undisputedly, petitioner has a remedy of appeal before

the Appellate Authority. Without exhausting statutory remedy of

appeal provided under Bihar Government Servants (Classification,

Control & Appeal) Rules, 2005, the petitioner has rushed to this

Court.

Accordingly, the present petition stands dismissed

reserving liberty to the petitioner to prefer an appeal before the

Appellate Authority. In the event of filing an appeal within eight

weeks from today, Appellate Authority is hereby directed to decide

petitioner's appeal within a period of six months.

(P. B. Bajanthri, J) GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          16.12.2021
Transmission Date       NA