Upendra Raut vs The State Of Bihar And Ors
2024 Latest Caselaw 598 Patna

Patna High Court

Upendra Raut vs The State Of Bihar And Ors on 23 January, 2024

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.12786 of 2012
     ======================================================
     Upendra Raut Son Of Late Raj Kumar Raut Resident Of Mohalla - Prabhu
     Thakur Ward No. 9 Rosera P.S. - Samastipur District - Samastipur, At Present
     Posted Uper Division Clerk, Tajpur Circle, Tajpur, District - Samastipur

                                                                ... ... Petitioner/s
                                       Versus
1.   The State Of Bihar
2.   The Commissioner Darbhanga, District - Darbhanga
3.   The Collector, Samastipur
4.   The District Welfare Officer Cum Conducting Officer, Samastipur
5.   The District Development Commissioner, Samastipur
6.   The Block Development Officer Waris Nagar Samastipur
7.   The Block Education Extension Officer Waris Nagar, Samastipur

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Anirudh Kumar Sinha,Advocate
     For the Respondent/s   :      Mr.Sumant Kumar Singh, A.C. to G.A.-2
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
     ORAL JUDGMENT
      Date : 23-01-2024
                    Heard learned counsel appearing for the petitioner

     and learned counsel appearing for the State.

                 2. This writ application has been filed for the

     following reliefs:-

                 (I) For issuance of a writ of certiorari quahsing the

     order dated 09.08.2011 passed by the Commissioner in Case

     No.61/2009-10, whereby the appeal preferred by the petitioner

     has been dismissed affirming the order of punishment passed

     by the Collector, Samastipur dated 30.01.2010.
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                    (II) For issuance of a writ of certiorari, quashing the

       order contained in Memo No.168 dated 30.01.2010 passed by

       the Collector, Samastipur withholding two increments with

       cumulative effect.

                    (III) For any other relief(s) for which the petitioner is

       found entitled in the facts and circumstances of the case.

                    3. Learned counsel for the petitioner submits that the

       petitioner was posted as Accounts Clerk at Waris Nagar Block

       and he was also handed over the charge of Head Clerk by

       order of the B.D.O. dated 27.05.2005, due to transfer of Head

       Clerk a departmental proceeding was initiated against the

       petitioner on the charges of antedated entry of letter No.149

       dated 31.05.2005 the Block Education Extension Officer,

       Warisnagar with respect to lifting of preparation by the Public

       Distribution Shop Dealer, namely, Satnarayan Mahto from

       Bihar State Food Corporation, Samastipur. Pursuant to the

       letter of the petitioner, an FIR was instituted and the

       departmental proceeding was also initiated against the

       petitioner. A memo of charge was served upon the petitioner

       vide Memo No.1334 of 24.07.2007 and show cause was asked

       to him and pursuant to the aforesaid the petitioner has
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       submitted his show cause on 09.08.2007 the show cause of the

       petitioner was not accepted and the departmental proceeding

       was initiated against the petitioner. After completion of the

       enquiry, enquiry report was submitted on 05.08.2008 and vide

       Memo No. 2374 dated 07.11.2008 second show cause was

       asked to the petitioner. Pursuant to the aforesaid,           the

       petitioner has submitted his reply to the second show cause

       08.12.2008

but the same was rejected vide order dated

29.01.2010 and the respondent No. 3 awarded punishment of

withholding two increments with cumulative effect.

4. The petitioner has preferred and appeal before the

respondent No.2 in the Case No.61/2009-10, respondent No.2

has dismissed the appeal of the petitioner and upheld the order

passed by respondent No.3.

5. Learned counsel for the State submits that after

the fullfleged enquiry the authority has passed the order and

there is no infirmity in the order and the order passed after

due process of law and after giving the proper opportunity to

the petitioner and apart from that, during pendency of the writ

application, the increment of salary during suspension period

has already been paid to the petitioner.

Patna High Court CWJC No.12786 of 2012 dt.23-01-2024

6. Considering the aforesaid fact, this Court finds no

infirmity in the impugned order, accordingly, the writ

application is dismissed.

(Rajesh Kumar Verma, J)

Nitesh/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          07.02.2024
Transmission Date       NA