Sharda Nand Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7726 of 2014 ====================================================== Sharda Nand Prasad, son of Late Shiv Nandan Bhagat, resident of villageDamodarpur, P.O.- Damodarpur, P.S. Kanti, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Commissioner-cum-Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna

3. The Collector-cum-District Magistrate-cum-Disciplinary Authority, Muzaffarpur

4. The Sub-Divisional Officer (East) -cum- Inquiry Officer, Muzaffarpur

5. The Circle Officer, Mushari, Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Mritunjay Kumar, AC to AAG-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 28-01-2015 After some argument, learned counsel appearing on behalf of the petitioner seeks permission to withdraw the present writ petition with a liberty to file an appeal before the prescribed appellate authority against the impugned order dated 01.03.2014 (Annexure-8) passed by the respondent District Magistrate, Muzaffarpur, whereby the petitioner has been visited with the punishment of dismissal from service.

Permission is accorded.

The writ petition stands dismissed as withdrawn with the liberty aforesaid.

If such an appeal is filed on behalf of the petitioner within a period of four weeks from today and, if it is found that it has become barred by limitation, then the appellate authority shall take into consideration that the present writ petition was filed on 21.04.2014 on a bonafide legal advice and that remained pending before this Court till date.

Arvind/- (Birendra Prasad Verma, J) U