Indra Kumar Lal Das vs The State Of Bihar
2023 Latest Caselaw 5240 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.22556 of 2019
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Indra Kumar Lal Das, Son of Baldeo Lal Das, Shyam Complex, Flat No. 301, Sancity Colony, Road No. 2, Danapur, Police Station-Danapur, District-Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Water Resource Department, Govt. of Bihar, Patna.

2. The Additional Secretary, Water Resource Department, Govt. of Bihar, Patna.

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

For the Petitioner/s : Mr.Santosh Kumar Verma, Advocate For the Respondent/s : Mr. Sanjay Prasad, AC to AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 10-10-2023 Heard learned counsel for the petitioner and learned

counsel for the State.

2. The present writ petition has been filed for

quashing the order contained in Memo No. 1186 dated

27.09.2019 (Annexure-2) passed by the respondent No.4,

namely, the Additional Secretary, Water Resources Department,

Government of Bihar, Patna.

3. Learned counsel for the petitioner submits that his

case is squarely covered by the judgement passed by this Court

in the case of Masomat Indu Devi Vs. the State of Bihar

reported in 2011(2) PLJR 136 which was subsequently

approved in L.P.A. No. 1260 of 2012 and the said order was

affirmed in Special Leave to Appeal (c) No. 21329 of 2015.

Patna High Court CWJC No.22556 of 2019 dt.10-10-2023

4. A counter affidavit has been filed in this case

wherein the State has denied the claim but submits that the

Government of Bihar through the General Administrative

Department has notified a notification bearing No. 7528 dated

03.06.2019 namely, the Bihar Government Service Grievances

Redressal Rule, 2019. According to the said rule, a complaint

has to be filed before the service grievance redressal officer. The

procedure for filing, methodology of hearing and disposal of the

complaint has been discussed in detail in the said rule.

5. In this view of the matter, this writ petition is

disposed of directing the petitioner to avail his remedy under

the Bihar Government Service Grievances Redressal Rule,

2019. It is further directed that the concerned redressal officer

shall pass the order within three months from the date of filing

of the complaint along with the order passed by this Court.

6. It is made clear that this Court has not expressed

any opinion on the merit of the case.

(Dr. Anshuman, J) Ashwini/-

AFR/NAFR
CAV DATE                NA
Uploading Date          12/10/2023
Transmission Date       NA