PATNA, India, Feb. 25 -- Patna High Court issued the following judgment on Jan. 26:

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following relief/s:-

"I. Issuance of an appropriate writ including a writ in the nature of certiorari quashing the order vide Gyapank-2/Aarop-01-13/2024-Sa Pra-15104/Patna-15 dated 20.09.2024 (Annexure-P/6) issued under the signature of Under Secretary, General Administration Department, Government of Bihar, Patna (Respondent no. 8) and also quashing the order vide letter no. 2/Aarop-01-13/2024-Sa Pra-15148, Patna-15 dated 23.09.2024 (Annexure-P/7) issued under the signature of Under Secretary, General Administration Department, Government of Bihar, Patna (Respondent no. 8) without any legal basis and also not followed the rule 9(1) of Bihar Government servants (Classification Control and Appeal) Rules 2005 while the petitioner was on leave duly sanctioned by the competent authority due to illness of his wife illness because his wife was admitted in Shrishty Nurshing Home, Bhagalpur under the treatment of Dr. Sangita Mehta.

II. Issuance of an appropriate writ including a writ in the nature of writ of mandamus commanding and directing the respondents to revoke the suspension order dated 20.09.2024 (Annexure-P/6) immediately and the petitioner posted at any place in Bihar on the post of A.D.M. rank because the said suspension order is illegal and not sustainable in the eye of law.

III. Issuance of any other appropriate writ(s), order(s), direction(s) as may be deemed fit and proper in the facts and circumstances of the case."

3. Learned counsel for the petitioner submits that the petitioner joined the Government Service on 22.06.1995 as a Deputy Collector (Bihar Administration Service) through 38th Bihar Public Service Examination, conducted by the Bihar Public Service Commission, Patna. Counsel submits that the petitioner was transferred from Sheohar as Settlement Officer to as Manager Bettiah Raj, Bettiah and the petitioner joined as a Manager Bettiah Raj, Bettiah on 12.02.2024 and taken charges from the District Public Grievance Redressal Officer who was posted as Incharge Manager, Bettiah Raj, Bettiah. Counsel further submits that the petitioner was on leave from 19.08.2024 due to illness of his wife which was duly sanctioned by the competent authority. In this regard, petitioner has filed an application before the authority on 18.08.2024 regarding leave sanction vide Letter No. 426 dated 18.08.2024. Thereafter, the petitioner filed applications dated 26.08.2024 and 07.09.2024 regarding extension of leave before the authority as per the Doctor. Counsel further submits that the Deputy Secretary, Board of Revenue, Bihar, Patna (Respondent no.10) sent a letter to the petitioner on 27.08.2024 regarding participation in the meeting, while the petitioner was on leave, and due to illness of his wife, he could not attend the said meeting.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MTUjMTc2NDMjMjAyNCMxI04=-mm2AC--am1--pUuX0=)

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