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Patna High Court - Orders

Ritesh Kumar Singh vs The State Of Bihar on 22 March, 2024

Author: Mohit Kumar Shah

Bench: Mohit Kumar Shah

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4029 of 2024
                 ======================================================
                 Ritesh Kumar Singh S/o Suman Kumar Singh, No. 050028782 Head
                 Constable /Radio Operator B Coy of 9 BN NDRF, R/o Narwan, P.s.-Avtar
                 Nagar, P.O. Naraown, Saran, Bihar-841215.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through Principal Secretary Home Affairs, New
                 Secretariat, Patna-800001, Bihar, P.S.-Sachiwalay, Patna, Bihar.
           2.    Union of India through Secretary Home Affairs, North Block, Central
                 Secretariat, New Delhi-110001.
           3.    Office of the Commandant National Disaster Response Force, Bihta, Patna
                 Pin-801103.
           4.    Kumari Ravita Mavi SI (GD Mahila) 9 Bn NDRF, BIhta, Patna, Bihar, Pin-
                 801103.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Prabhakar Nath Rai, Adv.
                 For the Respondent/s    :      Mr.Kumar Gangesh Gunjan, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

2   22-03-2024

1. The present writ petition has been filed seeking the following relief(s):-

"1.i. That this writ petition is being filed to issue an appropriate writ/order/direction in the nature of mandamus directing and commanding the Respondent Authority to setting aside the order dated 23.01.2024 and 24.01.2024 passed against the petitioner.
ii. To set aside all proceeding initiated under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and BSF Act and Rules, since the procedure stipulated therein are not followed. Patna High Court CWJC No.4029 of 2024(2) dt.22-03-2024 2/2 iii. To direct the Respondent Authority to grant leave to the petitioner as per his leave application. iv. To setting aside order No. 1-17018/Estt-II/10(V-
1)/NDRF/20200/12567 dated 6.11.2023 and Letter No. PO/9 Bn BSF/COI-ICC/2023/2701 dated 22.11.2023 which is arbitrary and contrary to the 2013 Act.

v. To direct the Respondent Authorities to revoke the suspension from 27.10.2023 to 22.01.2024 and release the arrear of salary of suspension period."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) sonal/-

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