SAMEER KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed for quashing of First Information Report dtd. 13/11/2021 bearing Gopalganj Town PS Case No. 828 of 2021 registered under Sec-tion 130 (2) of the Bihar Panchayat Raj Act, 2006 [hereinafter referred to as the 'Panchayat Act"].

(2.) The brief facts giving rise to the present writ appli-cation is that the petitioner was posted on 8/7/2020 as Assis-tant Engineer, Rural Works Department, Work Sub-Division at Gopalganj. The petitioner was diagnosed with COVID- 19 in April, 2021 and after recovering from COVID -19 he resumed back to work from June, 2021, but his salary was not being re-leased due to which he faced difficulty in getting proper treat-ment. On 24/07/2021 the petitioner informed the District Magis-trate- cum- District Election Officer (Panchayat), Gopalganj not to depute him on any election duty or law and order duty as he was not having good health condition. Since the petitioner was not having good health condition and due to non payment of salary, he was unable to sustain himself accordingly, he left Gopalganj on 15/08/2021 after flag hoisting.

(3.) The District Magistrate- cum- District Election Of-ficer (Panchayat), Gopalganj vide his letter no. 04 dtd. 04/09/2021 deputed the petitioner on law and order duty for the period 26/10/2021 to 1/11/2021 during the course of nomina-tion for election of District Board Members. Having received the said order on his Whatsapp on 6/9/2021 the petitioner im-mediately sent a request letter through speed post to the District Magistrate cum District Election Officer (Panchayat), Gopalganj to dispense him with any election duty or law and order duty in-cluding training programme in connection with Bihar Panchayat Election, 2021.