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2025 DAILYLAW 54589 (PAT)

Manjit Kumar Singh v. The State of Bihar

CWJC/11446/2022 · 2025-07-15

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11446 of 2022 ====================================================== Manjit Kumar Singh Son of Anil Kumar Singh, Resident of Ward No. 5, Dumra, P.S.- Mohanpur, District- Gaya. ... ... Petitioner/s Versus 1. The State of Bihar through the District Magistrate, Gaya. 2. The District Magistrate, Gaya. 3. The Deputy Collector, District Establishment, Gaya. 4. South Bihar Power Distribution Company Limited, through its Managing Director, Vidyut Bhawan, Bailey Road, Patna. 5. The Managing Director, South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna. 6. The Deputy Secretary, South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna. 7. The General Manager, Administration, South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna. 8. The General Manager, Revenue, South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna. 9. The Electric Superintending Engineer, Electric Supply Division, Gaya(Urban), Gaya. 10. The Electrical Executive Engineer, Electric Supply Division, Gaya (Urban), Gaya. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Suraj Narain Yadav, Adv. For the Respondent/s : Mr. Manish Kumar, GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 4 15-07-2025 Heard the parties. 2. The petitioner after facing all the procedure was duly appointed as an Executive Assistant on contract basis and was posted in Electrical Supply Sub-Division No. 1, Power House, Gaya. Subsequent thereto, he was deputed at Electric Supply Section, Bodh-Gaya (Urban). In the meanwhile, a Patna High Court CWJC No.11446 of 2022(4) dt.15-07-2025 2/4 complaint was made by one Amarjeet Kumar regarding some demand made by the staff of the said office. The aforesaid complaint led to issuance of the notice to all the concerned and, in consequent thereto, the services of the petitioner was returned to the District Establishment Branch on the ground of dereliction of duty. 3. It is the contention of the petitioner that the aforesaid action, which is stigmatic in nature, has been taken without any show-cause notice or reasonable opportunity afforded to him. On being aggrieved with the action of the respondents, the petitioners submitted a detailed representation to the General Manager, Administration, SBPDCL, Patna as also the District Magistrate, Gaya. Pursuant to the representation filed by the petitioner, the petitioner as well as Electrical Executive Engineer, Electric Supply Division, Gaya (Urban) were directed to appear on 08.01.2022 before the District Magistrate, Gaya for hearing in the matter. 4. In defiance with the aforesaid letter, the petitioner entered his appearance and submitted a detailed written defence, however, despite repeated notice, till date, the Electrical Executive Engineer, Electric Supply Division, Gaya (Urban) did not submit his report or reply, due to which the matter is kept pending since 2022. On account of the pendency of the Patna High Court CWJC No.11446 of 2022(4) dt.15-07-2025 3/4 aforesaid matter, neither the petitioner has been allowed to discharge his duty nor he is getting any remuneration, coercing him to face the vagaries of the life putting him in great mental trauma. Thus, compelled the petitioner to approach before this Court. 5. On the other hand, learned Advocate for the State submits that the matter is pending before the District Magistrate, Gaya, who is in seisin of the matter and shall consider the grievance of the petitioner and pass appropriate order. 6. Considering the fair submissions made on behalf of the learned Advocate for the State, in order to give quietus to the litigation, this Court thinks it proper to dispose off the writ petition with a direction to the District Magistrate, Gaya to consider the claim of the petitioner, as has been disclosed in Annexure-21 to the writ petition and bring to its logical conclusion, preferably within a period of three months, from the date of receipt/production of a copy of this order. It is expected that the respondent nos. 8 and 10 shall also co-operate in finalizing the matter. 7. Suffice it to observe that while considering the grievance of the petitioner, the respondent authorities shall also consider the claim of remuneration for the period he discharged the duty. Patna High Court CWJC No.11446 of 2022(4) dt.15-07-2025 4/4 8. With the aforesaid direction, the present writ petition stands disposed off. shivank/- (Harish Kumar, J) U