Girish Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3554 of 2016 ====================================================== Girish Kumar son of Late Sidheshwar Sharma, resident of Village- Tineri, P.S.- Masaurhi, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Commissioner, Patna Division, Patna.

3.

The District Magistrate, Patna.

4.

The Additional Collector, Naxal, Patna.

5.

The Additional Collector General, Patna.

6.

The Treasury Officer, Patna.

7.

The Deputy Treasury Officer, Masaurhi, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajey Kumar For the Respondent/s :

Mr.Gyan Prakash Jha- GA 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-04-2019 Objection is taken by counsel for the State regarding availability of remedy of appeal before the Commissioner, Patna Division, Patna (Respondent no.2) against the order dated 22.01.2016 passed by the District Magistrate, Patna in the departmental proceeding.

In view of such objection, counsel for the petitioner submits that he will file appeal within four weeks. Since objection has been raised by counsel for the State, this court would observe that petitioner's appeal is required to be considered by respondent no.2 on its own merit without raising issue of delay.

Patna High Court CWJC No.3554 of 2016(2) dt.24-04-2019 2/2 Writ petition is dismissed.

(Madhuresh Prasad, J) s.hassan/- U