LAWS(PAT)-2015-11-117

RAJA DEEPAK KUMAR MISHRA Vs. REGISTRAR GENERAL; DISTRICT JUDGE; INSPECTING JUDGE; ENQUIRY OFFICER-CUM-A D J I CIVIL COURT; SHUBHASH CHANDRA MISHRA

Decided On November 30, 2015
RAJA DEEPAK KUMAR MISHRA Appellant
V/S
REGISTRAR GENERAL; DISTRICT JUDGE; INSPECTING JUDGE; ENQUIRY OFFICER-CUM-A D J I CIVIL COURT; SHUBHASH CHANDRA MISHRA Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The prayer of the petitioner in this writ application reads as follows:- "1(a) For issuance of writ in nature of CERTIORY quashing the order dated 25/3/15 passed by Enquiry Officer Cum-A.D.J. 1 Begusarai, in Departmental Proceeding No.1/14, Whereby and whereunder the petition dated 13/2/15 filed by the Petitioner stating there in that departmental proceeding is not maintainable, has been rejected.

(3.) Learned counsel for the petitioner, in support of the aforementioned prayer, has submitted that the petitioner has been sought to be proceeded in a departmental proceeding for an out and out private dispute with the respondent no.5 who is non-else but his own cousin. In this regard, he has explained that the respondent no.5, being an advocate of this Court, was somehow in a position to influence the Hon'ble Inspecting Judge of Begusarai district and, having filed a petition before him, he had got a direction issued to the District Judge, being an appointing authority, for initiation of departmental proceeding. According to him, such departmental proceeding was initiated against the petitioner only at the behest of the respondent no.5 and the consequential order passed by the Hon'ble Inspecting Judge.