Patna High CourtC. REV./111/2017disposed

Ram Eshwar Prasad v. The State Of Bihar And ORS

2017-05-10Mr. Justice Jyoti Saran1 pages

Patna High Court C. REV. No.111 of 2017 (2) dt.10-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.111 of 2017 In Civil Writ Jurisdiction Case No. 14072 of 2016 ====================================================== Ram Eshwar Prasad .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar, Adv. For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT 10-05-2017 This application is filed for review of the judgment and order passed in C.W.J.C.No.14072 of 2016.

It is stated by Mr. Mukesh Kumar learned counsel for the petitioner while pressing the review application that since the order of suspension is passed by the State Government, no appeal would lie even though a review is maintainable under Rule 24(2) of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as 'the disciplinary rules').

Having heard learned counsel for the parties, the order dated 20.2.2017 passed in C.W.J.C. No. 14072 of 2016 in so far as it accords liberty to the petitioner to exhaust 'appellate remedy' stands modified to read as 'review remedy' as available under Rule 24(2) of 'the disciplinary rules'.

The review application is allowed to such extent. Bibhash/- (Jyoti Saran, J) U