Lalan Ji Tiwari v. The Principal Secretary, Revenue and Land Reform Department, Government of Bihar

====================================================== Appearance : For the Petitioner For the State ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD Mr. Ranjeet Tiwary, Adv. Mr. Dhurjati Kumar Prasad GP-14 : : 8 18-08-2022 Hard copy of the supplementary affidavit is being ORAL ORDER taken on record. Heard learned counsel for the petitioner as well as learned State counsel. The petitioner seeks to assail the file notings based on which it is submitted that fresh proceeding is being initiated against the petitioner even though earlier the Enquiry Officer did not find the charges proved. The charge memo, pursuant to file notings, enclosed in Annexure-16 to the writ petition, have not been placed on record. The law is very well settled that till an order is Patna High Court CWJC No.10478 of 2020(8) dt.18-08-2022 communicated the cause of action would not arise based on the file notings. Petitioner, therefore, has no cause of action yet. In this connection, this Court would consider decision of the Hon’ble Apex Court in the case of Union of India versus K.V. Jankiramna & Others reported in (1991) 4 SCC 109, wherein the Apex Court has approved conclusion of the Full Bench of the Tribunal that it is only when a charge memo is issued in disciplinary proceeding that it can be said that a departmental proceeding has been initiated against the employee. It is not the case of the petitioner that pursuant to the file noting charge memo has been issued/served on the petitioner. This Court, therefore, does not find any reason to exercise writ jurisdiction in favour of the petitioner. The writ petition is dismissed. (Madhuresh Prasad, J) shyambihari/- U