Vinod Kumar Chaudhary vs The State Of Bihar
2022 Latest Caselaw 1945 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.15407 of 2019
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Vinod Kumar Chaudhary S/o Hari Nandan Chaudhary Vill.- Kalyani Road, Katra Chowk, P.s.- Sheikhpura, Distt.- Sheikhpura

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Department of Home, Govt.

of Bihar, Patna

2. The Election District Election Officer-cum-District Magistrate Lakhisarai

3. The Chief Electoral Officer Govt. of Bihar, Patna

4. The Commandant Bihar Home Guard, Distt.- Sheikhpura

5. The Circle Officer-cum-Super Zonal Officer Halsi, Distt.- Sheikhpura

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

For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Respondent/s : Mr. Suman Kumar Jha, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 29-03-2022 Heard learned counsel for respective parties.

In the instant petition, petitioner has prayed for the fol-

lowing reliefs:-

"(i) For issuance of writ/writs in the nature of certiorari for set aside of order dated 04.05.2019 passed in Memo No. 249 from the office of District Com- mandant, Bihar Home Guard, Sheikhpura whereby and where under the petitioner has been in terminatedfrom his service in 1ight of letter issued by Indian Election Commission in Letter No. 464/INST/2009 LPS dated 31.03.2009.

(ii) For Commanding the Re-

spondents as to why without any valid reason or ground the petitioner has been awarded major punishment by way of dis-

Patna High Court CWJC No.15407 of 2019 dt.29-03-2022

missal/termination from the service of Home Guard.

(iii) For 1ssuance or Writ 1n the nature of mandamus Commanding the Respondents to immediately re- instate the service of the petitioner with a direc- tion to continue has service as Executive Guard, Assistant in Bihar Home Sheikh- pura.

(iv) For any other writ/writs, order For as orders, direction/directions this Hon'ble Court may deem fit and the facts and proper as Circumstances of the case"

The petitioner has approached this Court without ex-

hausting statutory remedy of appeal before the appellate authority

against the impugned order dated 04.05.2019. Thus, the present

petition stands disposed off reserving liberty to the petitioner to

prefer an appeal before the appellate authority within a period of

eight weeks from the date of receipt of this order. In the event of

filing such appeal, the appellate authority is hereby directed to de-

cide the petitioner's appeal within a period of four months from

the date of receipt of such appeal.

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

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