Patna High Court
Babu Narayan Paswan vs The State Of Bihar on 11 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7755 of 2021
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Babu Narayan Paswan Son of Late Chamru Paswan, resident of Village -
Gaura Shakti, P.O. - Gaura Shakti, P.S. - Moffasil, District - Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through Collector, Khagaria.
2. District Panchayat Raj Officer, Khagaria.
3. Sub Divisional Office cum Lok Sikayat Nibaran Officer, Khagaria.
4. Prakhand Supply Officer, Gogri (Khagaria).
5. Junior Engineer Electrical Department, Maheshkhunt.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Poddar Suresh Gandhi
For the Respondent/s : Mr. Lalit Kishore (Ag)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 11-02-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"That, this writ petition has been filed in the
nature of certiorari for quashing the order of Collector
Khagaria and District Panchayat Raj Officer Khagaria dated
9.2.2021 issued vide letter no. - 174 and letter no. 160
whereby the Collector, Khagaria has suspended the petitioner
under Bihar C.C.A Rules 2005, past IV-9(k) with immediate
effect for misappropriation of Rs. 8 lacs, 8 hundred fifty six,
and the District Panchayat Raj Officer, Khagaria has give
direction to Block Development Officer, Beldaur to lodge the
F.I.R. against the petitioner and sent the copy to the Collector
Khagaria by the order of Collector."
Patna High Court CWJC No.7755 of 2021 dt.11-02-2022
3. Petitioner has a statutory remedy of appeal before the
Appellate Authority against order of suspension dated 09.02.2021
under Bihar Government Servants (Classification, Control &
Appeal) Rules, 2005. Thus, the present petition is premature in the
light of Apex Court decision in the case of State of Jammu and
Kashmir V/s. R.K. Zalpuri and others reported in AIR 2016 SC
3006, Paragraph-20 which is held as under:
"20. Having stated thus, it is useful to refer to a passage
form City and Industrial Development Corporation V/s.Dosu
Aardeshir Bhiwandiwala and others {(2009) 1 SCC 168},
wherein this Court while dwelling upon jurisdiction under
Article 226 of the Constitution, has expressed thus:-
"The Court while exercising its jurisdiction under Article 226
is duty-bound to consider whether:
(a) Adjudication of writ petition involves any complex and
disputed question of facts and whether they can be
satisfactorily resolved;
(b) The petition reveals all material facts;
(c) The petitioner has any alternative or effective remedy for
the resolution of the dispute;
(d) Person invoking the jurisdiction is guilty of unexplained
delay and laches;
(e) Ex facie barred by any laws of limitation;
(f) Grant of relief is against public policy or barred by any
valid law; and host of other factors"
4. Accordingly, present petition stands disposed off,
reserving liberty to the petitioner to prefer appeal before the
Underline Emphasized
Patna High Court CWJC No.7755 of 2021 dt.11-02-2022
Appellate Authority against order of suspension dated 09.02.2021
within a period of eight weeks from the date of receipt of this
order. On receipt of such appeal, the Appellate Authority is hereby
directed to examine the appeal and decide it in accordance with
law within a period of three months from the date of receipt of
such appeal.
5. With the above observations, writ petition stands
disposed off.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
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