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Patna High CourtCWJC/4032/2016disposed

Ashok Kumar Sinha v. The State Of Bihar And ORS

2019-05-09Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4032 of 2016 ====================================================== Ashok Kumar Sinha S/o late Girdhari Sharan Sinha Resident of MohallaKasera toli siwan Po Ps- District Siwan. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

The District Magistrate, Siwan.

3.

The Establishment Dy.Collector, Siwan.

4.

District Supply Officer, -cum Conduction Officer, Siwan. 5.

The Sub Divisional Magistrate, Siwan.

6.

The treasury officer, Siwan.

7.

The Incharge Officer, District Confidential Section Siwan. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan For the Respondent/s :

Mr.Ram Balak Mahto- Ag ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-05-2019 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Counsel for the State raises an objection that the petitioner has rushed to this Court without availing the remedy before the Commissioner against the order passed by the District Magistrate.

Mr. Srivastava, appearing for the petitioner, submits that in gross violation of principles of natural justice the order of punishment has been passed by the authorities. Since the alternative remedy of appeal is available to the petitioner, this Court would allow the petitioner to first

Patna High Court CWJC No.4032 of 2016(2) dt.09-05-2019 2/2 avail remedy of appeal before the Commissioner against the punishment of withholding of two annual increments with cumulative effect.

Since the objection regarding maintainability of the writ petition for want of alternative remedy is being raised by Counsel for the State, this Court would observe that if the appeal is filed by the petitioner within a period of four weeks the same should be considered on its own merit without raising the issue of delay as the matter was pending in these proceedings.

The writ petition stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U