Patna High Court
Ramsumran Kumar Singh vs The State Of Bihar And Ors on 30 January, 2024
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7749 of 2016
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Ramsumran Kumar Singh S/o Ramadhar Singh, Resident of Village- Nawla,
P.S.- Bhagwanpur, District- Begusarai.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Chief Secretary, Govt. of Bihar, Patna.
3. The Director Land Reforms Department, Bihar, Patna.
4. The District Magistrate D.M., Begusarai.
5. The Additional Collector cum Settlement Officer Land Reforms Settlement
Department, Distt- Begusara
6. The Additional Collector cum Settlement Officer Land Reforms Settlement
Department, Distt- Bhagalpu
7. The Circle Officer, Chhourahi Block, District- Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajkumar Rajesh, Advocate
Mr. Girish Chandra, Advocate
For the Respondent/s : Mr. Sitaram Yadav, GP 16
Mr. Yatindra Narayan, AC to GP 16
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 30-01-2024
Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the State.
2. The present writ petition has been filed for the
following reliefs:-
"(i) For issuance of a writ in the nature of
certiorari to quash the letter dated
01.04.2015
, vide Memo no. 204, issued
under the signature of Authorized officer
settlement office Begusarai whereby where
under the petitioner has illegally been
removed from the post of Amin in malafied,
arbitrary and whimsical manner by which
the right of petitioner have been duly
Patna High Court CWJC No.7749 of 2016 dt.30-01-2024
affected.
(ii) For that the further direction may be
given to restore the petition on the post of
Amin, where by way of illegality as without
giving any opportunity or show cause
passed the order of removed by way of
wrong averment, made by the respondent
authorities or his own table before passing
the above letter is illegal and not
sustainable in accordance of law.
(iii) For that the direction may be given to
take appropriate action against the
respondents so concerned who has not
applied his Judicial mind before taking
steps against the petitioner arbitrarily
through overlooking the facts and
circumstances not applicable for the
petitioner in this matter and thrown in to
unnecessary harassment which is affecting
the administration of Justice and rule of
law."
3. Learned counsel for the petitioner submits that the
petitioner was removed from services from the post of
Amin/surveyor without giving any notice or opportunity to hear
the petitioner which is in violation of principle of natural justice.
Pursuant to the letter dated 01.07.2009 of the respondent no. 5,
the name of the petitioner has been sent for the post of Amin
and accordingly the petitioner has been appointed on the said
post in question and he has joined the services on 27.05.2010
and thereafter the respondent had issued an advertisement and
after the due process of selection the petitioner has been selected
and got appointed on the post of Amin on contract basis at the
pay scale of Rs. 10,000/- per month in light of the letter of the
Patna High Court CWJC No.7749 of 2016 dt.30-01-2024
respondent no. 6. All of a sudden on 04.04.2015 the petitioner
has received a letter issued under the signature of respondent no.
6 by which the petitioner has been removed from the services.
4. Learned counsel for the petitioner further submits
that from bare perusal of the impugned letter it appears that
pursuant to the order dated 25.03.2015 passed in C.W.J.C. No.
18733 of 2013 and its analogous cases and M.J.C No. 5896 of
2013, the petitioner and other similarly situated persons have
been removed from the post in question without giving any
show cause notice and without giving any opportunity of
hearing which is in violation of principle of natural justice.
5. Learned counsel for the State on the other hand
submits that in compliance of the order dated 25.03.2015 passed
in M.J.C No. 5896 of 2013 and other connected writ petitions
the petitioner has been removed from the post in question and
the respondent has taken a policy decision that now the
appointment of the Amin be completely to be filled through the
Bihar State Staff Selection Commission and for which the
requisition has already been sent to the Bihar State Staff
Selection Commission.
6. In compliance of the order passed by this Court,
the petitioner has been removed from the post in question and
Patna High Court CWJC No.7749 of 2016 dt.30-01-2024
there is no infirmity in the order impugned.
7. Accordingly, there is no merit in the writ petition
and the same stands dismissed.
(Rajesh Kumar Verma, J)
Vanisha/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 02.02.2024
Transmission Date N/A
