The State Of Bihar vs Om Prakash
2025 Latest Caselaw 740 Patna

Patna High Court

The State Of Bihar vs Om Prakash on 23 July, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Letters Patent Appeal No.379 of 2022
                                         In
                    Civil Writ Jurisdiction Case No.81 of 2021
     ======================================================
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 and Drainage Circle, Motihari.
7.   The Executive Engineer, Flood Control Planning and Monitoring Division
     18, Water Resources Department, Patna - cum - Presenting Officer.
8.   The Executive Engineer, Drainage Division, Motihari.
9.   The Secretary, Bihar Public Service Commission, Bailey Road, Patna.

                                                                ... ... Appellants.
                                        Versus
     Om Prakash, son of Late Kishun Sah, resident of Bengali Tola, Ward No. - 25,
     Near Sant Paul's School, P.S. Samastipur, District - Samastipur, at present
     posted as Assistant Engineer, Bihar State Food and Civil Supply Corporation
     Limited, Patna.

                                               ... ... Respondent.
     ======================================================
     Appearance :
     For the Appellant     :       Mr. Anjani Kumar, AAG-4.
                                   Mr. Sanjay Prasad, AC to AAG-4.
     For the Respondent    :       Mr. Indu Bhushan, Advocate.
                                   Mr. Ujjawal Bhushan, Advocate.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE S. B. PD. SINGH
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 23-07-2025

The appellants-State have assailed the order of the

learned Single Judge dated 25.03.2021 passed in C.W.J.C. Patna High Court L.P.A No.379 of 2022 dt.23-07-2025

No.81 of 2021. It is a short order and it reads as under:

"Heard learned counsel for the petitioner and the respondents.

Learned counsel for the petitioner submits that the case of the petitioner is covered by the oral judgment of this Court dated 04.03.2021 passed in C.W.J.C. No.7416 of 2018.

Without going into the merit of the case, the writ application is disposed of with a direction to the respondents to scrutinize the fact and if it is found that the case of the petitioner is covered by the judgment dated 04.03.2021 passed in C.W.J.C. No.7416 of 2018, same treatment should be extended to this petitioner within a maximum period of four months from the date of receipt/ production of a copy of this order."

2. The appellants-State feeling aggrieved by the order

dated 04.03.2021 passed in C.W.J.C. No.7416 of 2018 preferred

L.P.A. No.557 of 2021 and it was decided by the Coordinate

Bench on 02.09.2024 with certain modification of the learned

Single Judge order. To the above effect, the present L.P.A.

No.379 of 2022 is also allowed in part to the extent that the

appellants are permitted to initiate departmental inquiry afresh

from the defective stage.

3. Accordingly, the present L.P.A. No.379 of 2022 Patna High Court L.P.A No.379 of 2022 dt.23-07-2025

stands disposed of.

4. Pending Interlocutory Application(s), if any, stands

disposed.

(P. B. Bajanthri, J)

( S. B. Pd. Singh, J)

P.S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          26.07.2025.
Transmission Date       NA