Pankaj Kumar vs The State Of Bihar
2021 Latest Caselaw 5330 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.8041 of 2019
     ======================================================

Pankaj Kumar , aged bout 57 years (Male), Son of Sri Bishwanath Singh Resident of Village-Barashankar, P.S.-Patahi, District-East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Urban Development Department, Government of Bihar, Patna.

2. The District Magistrate, East Champaran at Motihari.

3. The Sub-Divisional Officer-cum-Administrator Nagar Panchayat, Sub-

Division, Sikrahana, Dhaka, District-East Champaran, Motihari.

4. The Chairman, Nagar Panchayat, Dhaka, District-East Champaran, Motihari.

5. The Executive Officer, Nagar Panchayat Dhaka, District-East Champaran, Motihari.

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

For the Petitioner/s : Mr.Manoj Kumar Singh, Advocate For the Respondent/s : Mr.Yogendra Pd. Sinha, AAG 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 18-11-2021

Heard learned counsel for the petitioner and learned counsel

for the State.

In the instant petition, petitioner has prayed for following

relief/reliefs:

"(i) For issuance of a writ in the nature of Certiorari to quash letter no. 962 dated 10.11.2018 (Annexure-6) issued under signature of Executive Officer, Nagar Parishad Dhaka and whereby and where under on the basis of decision taken by permanent committee the petitioner has been dismissed from service while the petitioner is a government servant and the departmental proceeding should be initiated under the Bihar Government Employee (Classification, Control and Appeal) Rule 2005 as such the order passed by Executive Officer, Nagar Parishad, Dhaka is illegal.

Patna High Court CWJC No.8041 of 2019 dt.18-11-2021

(ii) For issuance of writ in the nature of Certiorari to quash Charge-sheet dated 28.06.2017 issued under signature of Executive Officer, Nagar Panchayat, Dhaka which is without jurisdiction and Executive Officer has no power to frame charge against the petitioner.

(iii) For issuance of a writ in the nature of mandamus directing and commanding the respondent to restore the service of the petitioner as earlier from 10.11.2018 vacating suspension and to pay entire arrears of his salary and other benefits to the petitioner.

(iv) To grant any other relief/reliefs, order/orders for which the petitioner is entitle under law as well as on fact."

Annexure 6 which is the subject matter of the present

petition reads as under:

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Perusal of the aforesaid order, it is crystal clear that it is not a

speaking order. It is learned that the committee is the disciplinary

authority which has taken a decision to dismiss the petitioner from

service. If the petitioner has not co-operated, in that event the

committee should have passed a speaking order after due consideration

of each of the allegations alleged to have been levelled against the

petitioner in Annexure 6 dated 10.11.2018 and in terms of relevant

provision.

Accordingly, Annexure 6 dated 10.11.2018 is set aside.

Writ petition stands allowed reserving liberty to the competent authority

to proceed from the defective stage and pass speaking order after due

opportunity to the petitioner within a period of four months from the

date of receipt of this order.

(P. B. Bajanthri, J)

GAURAV S./-

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