Patna High CourtCWJC/18816/2015allowed

Anjani Kumar Mishra v. The North Bihar Power Distribution Company Limited And ORS

2015-12-22Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court CWJC No.18816 of 2015 (2) dt.22-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18816 of 2015 ======================================================

1. Anjani Kumar Mishra Son of Late Madhav Mishra residence of Village + P.S. - Balua Bazar, Dist - Supaul.

.... .... Petitioner/s

Versus

1. The North Bihar Power Distribution Company Ltd. through Managing Director, Vidyut Bhawan, Patna.

2. The Chairman-cum-Managing Director, Power Holding Company, Bihar, Patna.

3. The North Bihar Power Distribution Company Limited, Bihar, Patna, through its Managing Director.

4. The Member of (Revenue and Accountant) Bihar State Electricity Board, Patna.

5. The Managing Director, North Bihar Power Distribution Company Limited, Bihar, Patna.

6. The Joint Secretary, Bihar State Electricity Board, Patna, General and Administrative Department, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate Mr. Rajiv Ranjan, Advocate For the Respondent/s : Mr. Anand Kumar Ojha, Advocate Mr. Ashok Kumar Karna, Advocate ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 22-12-2015 The petitioner seeks quashing of the order dated 28.12.2011, as contained in memo no.2644, passed by the Joint Secretary, Bihar State Electricity Board, Patna, General and Administrative Department being violative of Rule 9(7) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (in short 'Bihar CCA Rules, 2005'). The petitioner submits that as per rule 9(7) of the Bihar

Patna High Court CWJC No.18816 of 2015 (2) dt.22-12-2015 CCA Rules, 2005 if no charge-sheet is submitted within 90 days, the order of suspension would lapse until and unless a fresh order is passed to the aforesaid effect.

As no charge-sheet has been filed within 90 days, the impugned order of suspension is not sustainable in law and is accordingly set aside with liberty to the respondents to pass a fresh order in accordance with law.

This writ application stands allowed.

(Samarendra Pratap Singh, J) KHAN/- U