Patna High Court
Awadhesh Kumar vs The State Of Bihar on 5 February, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.719 of 2022
In
Civil Writ Jurisdiction Case No.769 of 2020
======================================================
Awadhesh Kumar, S/o Late Bishnudev Prasad, resident of Village
Dhargawana, P.S. Mehsi, District-East Champaran (Motihari).
... ... Appellant/s
Versus
1. The State of Bihar through The Principal Secretary, Water Resources
Department, Government of Bihar, Patna.
2. The Principal Secretary, Water Resources Department, Government of Bihar,
Patna.
3. The Special Secretary, Water Resources Department, Government of Bihar,
Patna.
4. The Deputy Secretary, Water Resources Department, Government of Bihar,
Patna.
5. The Officer on Special Duty, Water Resources Department, Government of
Bihar, Patna.
6. The Under Secretary, Water Resources Department, Government of Bihar,
Patna.
7. The Engineer-in-Chief, Water Resources Department, Government of Bihar,
Patna.
8. The Chief Engineer, Water Resources Department, Muzaffarpur.
9. The Superintending Engineer, Tirhut Canal Division, Water Resources
Department, Muzaffarpur.
10. The Accountant General Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Priyank Samdarshi, Advocate
For the Respondent/s : Mr. Anjani Kumar, AAG-4
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 05-02-2025
Heard learned counsel for the parties.
2. Prima facie, there is no delay in filing CWJC
Patna High Court L.P.A No.719 of 2022 dt.05-02-2025
2/3
No. 769 of 2020 insofar as challenge to rejection of Memorial
dated 20th August 2019 which is the final order. It is to be noted
that earlier order imposing punishment dated 23.10.2013 was
sought to be withdrawn on 30th May 2016. In the meanwhile,
appellant's CWJC No. 6906 of 2015 in which penalty order
dated 23.10.2013, was subject matter was decided on
09.04.2019
reserving liberty to the petitioner to invoke Rule 24
(2) of the Bihar Government Servants (Classification Control
and Appeal) Rules, 2005. Resultantly, he had filed Memorial
(Review) on 01.05.2019/16.05.2019 and it was rejected on
20.08.2019. Learned Single Judge has not noticed that penalty
order dated 23.10.2013 has been withdrawn on 30th May 2016
and a fresh order of withholding of 10 per cent pension has been
ordered and it was also subject matter of memorial which
authority has rejected on 20th August 2019.
3. Taking note of the error committed by the
learned Single Judge order dated 05.09.2022 passed in CWJC
No. 769 of 2020 stands set aside. CWJC No. 769 of 2020
restored on file. Registry is directed to list CWJC No 769 of
2020 before the concerned roster Bench. Whatever the
observation made by the learned Single Judge on the issue of
delay in filing writ petition stands overruled. The learned Single
Patna High Court L.P.A No.719 of 2022 dt.05-02-2025
Judge is requested to decide CWJC No. 769 of 2020 on merits
at the earliest.
4. Accordingly, LPA No. 719 of 2022 stands
allowed to the above extent. Pending I.A.(s) if any stands
disposed of.
(P. B. Bajanthri, J)
( Sunil Dutta Mishra, J)
khushbu/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 11.02.2025
Transmission Date N/A
