Kaushik Kumar Dev vs The State Of Bihar And Ors on 28 January, 2019

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Patna High Court - Orders

Kaushik Kumar Dev vs The State Of Bihar And Ors on 28 January, 2019

Bench: Ashutosh Kumar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.1479 of 2019
                 ======================================================
                 Kaushik Kumar Dev

                                                                        ... ... Petitioner/s
                                                   Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Lokesh Kumar Singh
                 For the Respondent/s   :      Mr.Vikash Kumar (Sc11)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                                       ORAL ORDER

2   28-01-2019

The petitioner is aggrieved by the order dated 2nd of April, 2018 contained in Letter No. 233 whereby a month's honorarium has been deducted from the salary of the petitioner but without holding any departmental proceeding/enquiry or giving him any notice. The petitioner also apprehends that for no apparent reason, a disciplinary proceeding may be initiated against him which is under contemplation.

The petitioner at the relevant time worked as Assistant Engineer, District Rural Development Authority, Gaya. Later, the petitioner was transferred as Assistant Engineer, DRDA, Supaul. During the period 2006-07, in a particular block viz. Fatehpur Block in the district of Gaya, some complaints were levelled with respect to the functioning of the Panchayat functionaries in execution of certain schemes.

It has been submitted on behalf of the Patna High Court CWJC No.1479 of 2019(2) dt.28-01-2019 2/3 petitioner that during the execution of the aforesaid schemes, the petitioner was not posted as Assistant Engineer; rather during that time, another person was the Assistant Engineer and someone else was serving as Junior Engineer. The petitioner in his capacity as Assistant Engineer, Gaya only submitted his report on 18.02.2012 but that also under the instructions of the then Programme Officer, Fatehpur.

It appears, it has been submitted on behalf of the petitioner, that on a complaint before the Hon'ble Lokayukta, an enquiry was directed by the Hon'ble Lokayukta to be conducted by the Vigilance Department.

Mr. Prabhat Kumar Singh, learned counsel for the petitioner contends that hurriedly orders have been passed without verifying the records of the case. It is in this context that the petitioner learnt that a departmental proceeding for dismissal from service is also under contemplation. Before this could be concretized, the petitioner has already been slapped with a deduction of honorarium from his salary without notice.

Let the response to the charges in the petition be filed by the State within a period of three weeks from today with an advance copy to the learned counsel for the petitioner. If it is deemed appropriate, the learned Patna High Court CWJC No.1479 of 2019(2) dt.28-01-2019 3/3 counsel for the petitioner may rejoin on or before the next date.

Re-notify after three weeks i.e. on 18.02.2019 within first five cases.

(Ashutosh Kumar, J) krishna/-

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Patna High Court - Orders