Shiv Jee Sah @ Shiva Jee Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 4657 of 2016 ====================================================== Shiv Jee Sah @ Shiva Jee Sah, son of Ram Khelawan Sah, Resident of Village- Kamraon, Police Station- Dalsingsarai, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Bihar, Patna 2.

The District Magistrate, Samastipur.

3.

The Sub Divisional Officer, Rosera, Samastipur. 4.

The District Supply Officer, Samastipur.

5.

The Block Development Officer, Patory, Samastipur. 6.

7.

The District Accounts Officer, Samastipur.

Commissioner, Darbhanga Division ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Rana Sanjay Kumar Singh, Advocate For the Respondent/s :

Mr Tej Pratap Sinha, AC to AAG XIII ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-06-2019 Petitioner's counsel is permitted to implead Commissioner, Darbhanga Division as respondent No 7 to this writ petition.

Heard learned counsel for the petitioner and the respondent-State.

Learned counsel for the respondent-State raises an objection regarding maintainability of the instant writ petition since petitioner has not availed of the adequate statutory alternative remedy under Rule 23 of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005.

Patna High Court CWJC No.4657 of 2016(2) dt.20-06-2019 2/2 Appeal, under the said Rule, would lie before the Commissioner, Darbhanga Division.

Faced with such difficulty, learned counsel for the petitioner submits that he would be filing his appeal before the Commissioner, Darbhanga Division (respondent No 7). Since the objection regarding maintainability has been raised by the learned State Counsel, this Court would observe that the Commissioner, Darbhanga Division should consider the appeal of the petitioner, if filed within four weeks from today, upon its own merit without raising the issue of the same filed by delay. Respondent No 7 should proceed to adjudicate the same by reasoned and speaking order in accordance with law expeditiously and without any undue delay.

Writ petition stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U