Patna High Court
Ramashish Mahto vs The State Of Bihar on 5 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9800 of 2020
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Ramashish Mahto, Son of Kapileshwer Mahto, Resident of Village -34, Ward
No. 17, Moujpur, Moujampur, P.S. Bahera, Distt.- Darbhanga.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary Govt. of Bihar Patna.
2. The Addl. Chief Secretary, General Administrative Department, Govt. of
Bihar, Patna.
3. The Dy. Secretary General Administrative Department, Govt. of Bihar
Patna.
4. The Principal Secretary Road Construction Department Govt. of Bihar,
Patna.
5. The Dy. Secretary, Road Construction Department, Govt. of Bihar, Patna.
6. Engineer-in-Chief Cum Addl. Commissioner-cum Special Secretary, Road
Construction Department, Govt. of Bihar, Patna.
7. The Chief Engineer (Traffic), North Bihar Sub Division Road Construction
Department, Govt. of Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mukesh Kumar No.1, Advocate
For the Respondent/s : Mr. Amit Prakash, G.A.-13
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 05-01-2021
Petitioner has prayed for the following relief(s):
"1. for issuance of writ in nature of
Mandamus directing to the respondents
concerned to implement the policy and
procedure regarding the transfer & Posting of
the Govt. Employee of the State Govt.
For further issuance of any other
appropriate writ/Writs, order/orders,
Direction/Directions and command/Commands
Patna High Court CWJC No.9800 of 2020 dt.05-01-2021
to the respondents concern.
For issuance any other writ/writs,
order/orders for which the petitioner is legally
entitled.
Finding the Court not to be in favour of the
submissions made by learned counsel for the petitioner, learned
counsel for the petitioner seeks permission to withdraw the
present petition reserving liberty to initiate appropriate action.
Permission granted.
We are sure that in the event petitioner takes recourse
to such remedies as are otherwise available in accordance with
law, the appropriate authority shall consider and decide the same
expeditiously and preferably within a period of two months.
Needless to add, while considering the case of the
petitioner, principles of natural justice shall be followed and due
opportunity of hearing afforded to the parties.
Liberty reserved to the petitioner to approach the
Court, if the need so rises subsequently on the same and
subsequent cause of action.
We have not expressed any opinion on merits. All
issues are left open.
The proceedings, during the time of current
Pandemic- Covid-19 shall be conducted through digital mode,
unless the parties otherwise mutually agree to meet in person i.e.
Patna High Court CWJC No.9800 of 2020 dt.05-01-2021
physical mode.
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, also stands
disposed of.
(Sanjay Karol, CJ)
( Rajeev Ranjan Prasad, J)
Amrendra/P.K.P.
AFR/NAFR
CAV DATE
Uploading Date 05.01.2021
Transmission Date
