Dwarika Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14557 of 2014 ====================================================== Dwarika Prasad S/o Late Bal Kishun Prasad Resident of Village Post Rajuaria, P.S. Wajirganj, District Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Commissioner, Magadh Division, Gaya.

3.

The District Magistrate, Aurangabad.

4.

The Additional Collector, Aurangabad.

5.

The Director cum Conducting Officer, Public Administration, Aurangabad. 6.

The Sub Division Officer cum Conducting Officer, Aurangabad Sadar, District Aurangabad.

7.

The Anchal Adhikari, Barun, District Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Respondent/s :

Mr.Manoj Kumar, AC to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-08-2019 Petitioner has challenged punishment of withholding of two increments with cumulative effect in the instant proceeding. The order of punishment is issued by District Magistrate, Aurangabad.

Counsel for the State raises a preliminary objection regarding alternative and efficacious remedy by way of appeal before respondent No. 2. Without availing of the said remedy the petitioner has directly rushed to this Court. In view of aforesaid circumstances and objection being raised by Counsel for the State, this Court would observe

Patna High Court CWJC No.14557 of 2014(2) dt.27-08-2019 2/2 that if the petitioner avails remedy of appeal within four weeks, the Commissioner (respondent No. 2) should consider the same and dispose it of by a reasoned and speaking order on merits without raising the issue of delay.

The writ petition stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U