Nand Kishore Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3577 of 2016 ====================================================== Nand Kishore Mishra Son of Late Sheo Pujan Mishra, Resident of villageIchipur, P.O.- Jamui, P.S.- Dulhin Bazar, District- Patna Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Chief Secretary, Govt. of Bihar, Patna 3.

The Director General of Police, Bihar, Patna 4.

The Inspector General of Police, Patna Zone, Patna 5.

The Deputy Inspector General of Police, Magadh Range, Gaya 6.

The Superintendent of Police, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Tiwary For the Respondent/s :

Mr.Sc23- Kumar Priya Ranjan ====================================================== 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 Deputy Inspector of Police, Magadh Range, Gaya (Respondent no.5) against the order dated 06.06.1986 passed by the Superintendent of Police, Gaya 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.5 on its own merit without raising issue of delay.

Patna High Court CWJC No.3577 of 2016(2) dt.24-04-2019 2/2 Writ petition is dismissed.

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