Raj Kumar Srivastava vs The State Of Bihar
2025 Latest Caselaw 1384 Patna

Patna High Court

Raj Kumar Srivastava vs The State Of Bihar on 27 January, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Sunil Dutta Mishra

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Letters Patent Appeal No.93 of 2022
                                           In
                     Civil Writ Jurisdiction Case No.9330 of 2020
     ======================================================
     Raj Kumar Srivastava, son of Late Nagendra Prasad Srivastava, resident of
     246, Urmila Bhawan, Rustampur, Canal Road, Near Durga Mandir,
     Gorakhpur, P.S.- Cantt., District- Gorakhpur (Utter Pradesh) presently
     residing at A- 21, Sachiwalaya Colony, Kankarbagh, P.S.- Patrakar Nagar,
     District- Patna- 20
                                                                ... ... Appellant.
                                         Versus
1.    The State of Bihar through Principal Secretary, Water Resources
      Department, Government of Bihar, Patna.
2.   The Joint Secretary, Water Resources Department, Government of Bihar,
     Patna-cum- Enquiry Officer.
3.   The Additional Secretary, Water Resources Department, Bihar, Patna.
4.   The Engineer-in- Chief, Water Resources Department, (Headquarter),
     Government of Bihar, Patna.
5.   The Chief Engineer, Flood Control and Drainage, Water Resources
     Department, Muzaffarpur.
6.   The Superintending Engineer, Flood Control Circle, Sitamarhi.
7.   The Executive Engineer, Flood Control Planning and Monitoring Division,
     18, Water Resources Department, Patna-cum- Presenting Officer.
8.   The Executive Engineer, Bagmati Division, Runni Saidpur, Sitamarhi.
9.    The Assistant Engineer, Bagmati Sub Division, Runni Saidpur, Sitamarhi.
                                                             ... ... Respondents.
     ======================================================
     Appearance :
     For the Appellant     :       None.
     For the State         :       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 : 27-01-2025

                 I.A. No.01 of 2022:

                 None appears for the appellant.

                 2. There is a delay of about 180 days in filing the

      present L.P.A. No.93 of 2022.
              Patna High Court L.P.A No.93 of 2022 dt.27-01-2025
                                                          2/2




                                  3. For the reasons stated in I.A. No.01 of 2022 read

                      with the fact that delay condonation falls under the COVID

                      period, namely, 27.08.2021 to 23.02.2022, therefore, delay

                      stands condoned and I.A. No.01 of 2022 stands allowed.

                                  L.P.A. No.93 of 2022:

                                  4. None appears for the appellant.

                                  5. Respondent nos.1 to 9 have filed supplementary

                      counter affidavit in which they have furnished the order dated

                      06.11.2023

by which appellant has been exonerated in the

disciplinary proceedings. In other words, order of the learned

Single Judge dated 27.07.2021 passed in C.W.J.C. No.9330 of

2020 has been given effect to and orders are in favour of the

appellant.

6. Accordingly, the present L.P.A. No.93 of 2022

stands disposed of. Pending Interlocutory Application(s), if any,

stands disposed of

(P. B. Bajanthri, J)

( Sunil Dutta Mishra, J) P.S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          28.01.2025.
Transmission Date       NA