Suresh Ram vs The State Of Bihar
2021 Latest Caselaw 565 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No. 8626 of 2020
     ======================================================

Suresh Ram, Male, aged about 52 years, Son of Late Thag Ram, Ward No. 20, Village- Naya Tola, Belagola, Ram Nagar, PS Ram Nagar, at present Village- Salempur, PO- Saidpur, PS- Shikarpur, District- West Champaran.

... ... Petitioner/s Versus

1. The State of Bihar.

2. The Chief Secretary, Bihar, Patna.

3. The Additional Chief Secretary, Cooperative Department, Bihar, Patna.

4. The Principal Secretary, Cooperative Department, Bihar, Patna.

5. The Registrar, Cooperative Societies, Cooperative Department, Bihar, Patna.

6. The Joint Registrar, Cooperative Societies, Patna Division, Patna.

7. The Principal Secretary, Urban Development and Housing Department, Bihar, Patna.

8. The Director, Municipalities Administration cum Additional Secretary, Urban Development and Housing Department, Bihar, Patna.

9. The Executive Officer, Nagar Panchayat- Bikramganj, District- Patna.

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the State : Mr. Amit Prakash, GA 13 with Mr. Sanjay Kumar, AC to GA 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Arun Kumar, learned counsel for the

petitioner and Mr. Amit Prakash, learned GA 13 along with Mr.

Sanjay Kumar, learned AC to GA 13 for the State.

3. The petitioner has moved the Court for the following

reliefs:

Patna High Court CWJC No.8626 of 2020 dt.02-02-2021

"For quashing of the entire departmental proceeding initiated against the petitioner by order dated 21/03/2018 contained in letter Memo No. 2806 dated 23.3.2018 (Annexure-4) of the Registrar of the Cooperative Societies and the enquiry report sent along with letter No. 1252 dated 24/12/2018 (Annexure-6) of the Joint Registrar cum Enquiry Conducting Officer, Cooperative Societies, Patna Division, Patna having ab initio bad being violative of procedures enumerated in Rule 17 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 and its amended Rules (in short, referred as Bihar CCA Rules, 2005) and Principal of Natural Justice.

ii. For quashing of the order 31/05/2019 contained in memo no. 5237 dated 03/06/2019 (Annexure-9 of the respondent Registrar, Cooperative Societies, Bihar, Patna whereby the petitioner has been dismissed from the service under Rule 14(xi) of the aforesaid Bihar CCA Rules, 2005.

iii. For quashing of the order dated 16/12/2019 contained in Memo No. 190 dated 15/01/2020 (Annexure-11) passed by respondent Additional Chief Secretary, Cooperative Department, Bihar, Patna whereby the Service Appeal Case No. 28/2019 (Annexure-10) filed on behalf of the petitioner against the aforesaid order dated 03/06.2019 of the respondent Registrar was rejected.

iv. For issuance of a direction commanding the respondents to restate the petitioner in service from the date of dismissal of service with full back wages and allowances and promotional benefis treating him to a regular employee.

v. For any other relief/reliefs to which the petitioner is found legally entitled for the meat of Justice."

4. Learned counsel for the petitioner submitted that

against his order of dismissal, he has moved in appeal which was Patna High Court CWJC No.8626 of 2020 dt.02-02-2021

also dismissed and finally, he has filed a revision petition under

Rule 28(1) of the Bihar Government Servants (Classification,

Control and Appeal) Rules, 2005, which is still pending for almost

one year.

5. At the outset, learned counsel for the State submitted

that if the petitioner is limiting his prayer to disposal of such

revision before the Hon'ble Minister of the Co-operative

Department, the writ petition may be disposed off and the said

revision shall be finally disposed off within six weeks.

6. Learned counsel for the petitioner agrees to such

suggestion of learned counsel for the State.

7. In view thereof, the writ petition stands disposed off

in the following terms.

8. Let the revision filed by the petitioner, copy of which

is Annexure 12 to the writ application, be disposed off by passing a

detailed and reasoned order, if already not done, within two

months from today. Learned counsel for the State has undertaken

to communicate the order to the authorities concerned.

(Ahsanuddin Amanullah, J.)

P. Kumar/Anand Kr.

AFR/NAFR U T