Citation : 2023 Latest Caselaw 4019 Patna
Judgement Date : 24 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11216 of 2015
======================================================
Hemant Kumar Rana Son of Sri Harihar Prasad, resident of village- Gopalpur Sagra, P.O. Nagpur, P.S. Rajpur, District- Buxar, Bihar.
... ... Petitioner/s Versus
1. The State Of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.
2. The District Magistrate, Saharsa.
3. The Deputy Development Commissioner, Patna.
4. The District Programme Officer, Patarghat, Saharsa.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Vijaylaxmi Srivastava, Advocate
For the Respondent/s : Mr.Ajay Bihari Sinha, GA 8
: Mr. Suryakant Kumar, AC to GA 8
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 24-08-2023
1. The present petition has been filed seeking the
following relief :-
"(i) For issuance of appropriate writ/ writs, order/ orders, direction/ directions for quashing the memo no. 227-2 A dated 02.02.2010, issued under the signature of the Deputy Development Commissioner, Saharsa, whereby and whereunder the service/ contract of the petitioner as Panchayat Rozgar Sewak has been terminated/ cancelled."
2. At the outset, the learned counsel for the petitioner
submits that petitioner has already deposited the amount, Patna High Court CWJC No.11216 of 2015 dt.24-08-2023
alleged to have been defalcated by him and in fact, the Mukhia
of the village Panchayat Bishanpur has also been exonerated of
all the charges and merely a warning has been issued to him
vide order dated 12.07.2010, passed by the Deputy
Development Commissioner, Saharsa, hence, the petitioner be
granted liberty to challenge the order dated 02.02.2010, passed
by the Deputy Development Commissioner, Saharsa , whereby
and whereunder the services of the petitioner has been
terminated, by filing an Appeal, stating therein the aforesaid
facts. Liberty so sought, is granted.
3. It is needless to state that in case, appropriate
appeal is filed by the petitioner within a period of four weeks
from today, the appellate authority shall consider the aforesaid
aspect of the matter and pass a reasoned and a speaking order, in
accordance with law, within a period of eight weeks, thereafter.
4. The writ petition stands disposed off on the
aforesaid terms.
(Mohit Kumar Shah, J)
rinkee/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 25.08.2023 Transmission Date NA
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