Gunjan Kumar Yadav vs The State Of Bihar
2021 Latest Caselaw 5068 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.132 of 2021
     ======================================================

Gunjan Kumar Yadav S/o Late Ramadhar Ray Resident of village- Ward No. 9, Basantpur, P.o.- Basantpur, P.s.- Kundwa chainpur, District- East Champaran

... ... Petitioner/s Versus

1. The State of Bihar

2. The District Magistrate, East Champaran at Motihari

3. The Addl. District Magistrate, East Champaran at Motihari

4. The In-Charge Officer, District General Administration, East Champaran, Motihari

5. The Superintendent of Police, East Champaran,Motihari

6. The Sub Divisional Officer, Sadar, East Champaran, Motihari

7. The Sub Divisional Officer, Sikarahna, East Champaran at Motihari

8. The Officer in Charge, Kundw Chainpur, East Champaran

9. The Circle Officer, Ghorasahan, East Champaran, Motihari

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

For the Petitioner/s : Mr.Rakesh Ranjan, Adv. For the Respondent/s : Mr. Dhurendra Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 27-10-2021 Heard learned counsel for the petitioner as well as

learned counsel for the State.

2. In the instant petition, petitioner has prayed for

following reliefs:

"(i) For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 04.01.2019 contained in Memo No. 30 dated 14.01.2019 passed by Respondent District Magistrate counter signed by respondent Addl. Collector as well as Respondent officer-in-

charge whereby and where under Respondent District Magistrate has been pleased to Patna High Court CWJC No.132 of 2021 dt.27-10-2021

resuspend the petition w.e.f. 19.07.2018 under 2005 C.C.A. Rules 03(ii) and fixed the head quarter of the petitioner in the office of S.D.O., Sadar, East Champaran, Motihari.

(ii) Further for issuance of an appropriate writ in the nature of MANDAMUS Commanding and directing the Respondent Authority to pay the arrears of subsistence allowance as well as amount of Current subsistence allowance in accordance with law.

(iii) For issuance of an appropriate writ/writs, order/orders, direction/directions for commanding and directing to the respondent authority for the any other relief/reliefs in basis of facts and circumstances of the case as enumerated and stated herein after."

3. Undisputed facts are that petitioner has been placed

under suspension by the impugned order dated 14.01.2019.

Petitioner has a statutory remedy of appeal before the appellate

authority under Rule 23 of Bihar C.C.A. Rules, 2005.

4. In the light of these facts and circumstances, the

petitioner is hereby directed to prefer a memorandum of appeal

before the appellate authority within a period of four weeks from

the date of receipt of this order.

5. In the event of filing memorandum of appeal before

the appellate authority, the appellate authority is hereby directed to

consider each of the contention to be raised by the petitioner in the

memorandum of appeal within a period of three months from the

date of receipt of memorandum of appeal and pass speaking order

and communicate the same to the petitioner.

Patna High Court CWJC No.132 of 2021 dt.27-10-2021

6. With the aforesaid observation, the writ petition

stands disposed of.

(P. B. Bajanthri, J) rakhi/-

AFR/NAFR
CAV DATE                N.A.
Uploading Date          28.10.2021
Transmission Date