Patna High Court
Dhananjay Kumar vs The State Of Bihar Through The Add. ... on 12 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10795 of 2020
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Dhananjay Kumar Son of Late Muneshwar Singh, Resident of Ward No. 1
Lalsahpur, P.O. Nehalpur, P.S. Sadar, District-Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Add. Chief Secretary, Revenue and Land
Reforms, Govt. of Bihar, Patna.
2. The Director, Land Records and Survey, Bihar, Patna.
3. The Commissioner, Darbhanga.
4. The Collector, Darbhanga.
5. The Additional Collector (estb.), Darbhanga.
6. The Land Reforms Deputy Collector (LRDC), Darbhanga.
7. The Anchal Adhikari Sadar Darbhanga, District Darbhanga.
8. Anchal Adhikari, Gaurabauram, District Darbhanga.
9. Arun Kumar Saksena, the Anchal Adhikari Sadar Darbhanga, District
Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Amarendra Narayan
For the Respondent/s : Mr. Rishi Raj Sinha, SC 19
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 12-01-2022
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 petition on behalf of the above named
petitioner, is being filed for issuance of writ of appropriate
nature, order or direction quashing order contained in Memo
No. 680 dated 13.6.2020 issued under the signature of the
Collector Darbhanga, whereby and where under the Collector
Darbhanga has removed petitioner from the post of Data Entry
Patna High Court CWJC No.10795 of 2020 dt.12-01-2022
Operator, Sadar Block Darbhanga with immediate effect,
without any notice/ showcause or any opportunity to the
petitioner. The petitioner, who has continued on this post since
2011 without any complaint or finding anything against him
has been removed from the post in an arbitrary and
unreasonable way, in an action taken on an unsigned and
unacknowledged petition dt. 6.03.20 filed in janta Darbar.
The petitioner also prays for issuance of writ of
appropriate nature, order of directions commanding
respondent no. 3 (the Commissioner Darbhanga) to make
enquiry personally within time frame fixed for it by this
Hon'ble Court on the representation and appeal dt. 18.06.2020
filed by the petitioner.
The petitioner also prays for consequential reliefs
for extending continuity of service and salary of the period,
petitioner could not perform his duty. The respondent No. 2 by
the order dt. 27.07.2020 has transferred him from Darbhanga
Sadar Anchal to Gauraboram Anchal, of Darbhanga district
but he is not being allowed to join and work on his transferred
place."
3. It is surprising that an employee's services have been
terminated while he was working in place and, thereafter, without
there being withdrawal or modification of termination order
services have been transferred from Darbhanga Sadar Anchal to
Gauraboram Anchal of Darbhanga In this regard, petitioner stated
to have submitted appeal before the Appellate Authority. The
Appellate Authority has not rightly taken a decision of either
accepting or rejecting petitioner's appeal, therefore, the Appellate
Authority is hereby directed to decide the petitioner's appeal after
giving ample opportunity of hearing to the petitioner within a
period of three months from the date of receipt of this order.
Patna High Court CWJC No.10795 of 2020 dt.12-01-2022
4. With the above observation, writ petition stands
disposed off.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 19.01.2022
Transmission Date
