In Ravi Kumar Sinha, son of late Vijay Kumar Sinha vs. The State of Bihar through Principal Secretary, Water Resources Development Department, Government of Bihar (2025), Patna High Court's Division Bench of Justices S. B. Pd. Singh and P. B. Bajanthri set aside the order dated June 22, 2018 of Justice Madhuresh Prasad as Single Judge dated June 22, 2018 passed in C.W.J.C No. 24188 of 2013 and is partly allowed. The 12-judgement authored by Justices S. B. Pd. Singh was delivered on May 5, 2025.
He observed:having regard to the charge of unauthorized absence for prolonged time, we proceed to modify the penalty of removal from service dated 25.06.2010 to the extent of imposition of penalty of compulsory retirement w.e.f. 25.06.2010. Resultantly, late father of appellant is entitled to consequential service and monetary benefits from the date of his appointment as Junior Engineer till June 25, 2010, the date on which removal order was passed and it is modified by us to the compulsory retirement."
The petitioner had prayed for quashing of the order dated October 11, 2010, whereby the Chief Engineer (Central) Water Resources Department, Government of Bihar, Patna had dismissed petitioner’s husband, the employee from service. The order was passed in view of the fact that the employee remained absent from duty in an unauthorized manner continuously for more than five years and thus action was taken under Rule 76 of the Bihar Service Code.
In Rama Devi wife of late Vijay Kumar Sinha vs. The State Of Bihar, Through The Principal Secretary, Water Resources & Ors. (2018), High Court's Justice Madhuresh Prasad had found the writ petition devoid of merit and had dismissed it in his 6-page long judgement. Justice Prasad had observed:"13. If the petitioner submits a detailed claim with respect to the admissible dues before the authorities within a period of two weeks from today, respondent no.2 would be obliged to dispose of the same by a reasoned and speaking order. If any dues is found to be paid, the same would be paid to her within a period of three months from the date of receipt of her claim along with a copy of this order."
The other respondents were: Chief Engineer, Water Resources Department, Patna, Executive Engineer, Triveni Canal Construction Division, Narkatiaganj, West Champaran. Director Ram Enquiry Officer, Water Management Cum Irrigation Availability Reform Directorate, Irrigation Bhawan, Patna, and Superintending Engineer Cum Public Information Officer Irrigation Manitoring Cell, Patna.
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