Abbas Hussain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9912 of 2016 ====================================================== Abbas Hussain Son of Late Ahmad Hussain Resident of Mohalla - Malighat, P.S. - Mithanpura, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Muzaffarpur.

3.

The Additional Collector cum Enquiry Officer, Muzaffarpur. 4.

The Circle Officer cum Presenting Officer, Meenapur, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar Thakur, Advocate For the Respondent/s :

Mr.Ajay Behari Sinha, G.A.-8 Ms. Seema Ghazala, A.C. to G.A.8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-10-2023 The present writ petition has been filed seeking the following relief:- "1.(i) For quashing the order contained in memo no.-921 dt.

13.04.2016 passed by the District Magistrate (i.e. Respondent No.- 2) whereby and whereunder the petitioner has been dismissed from service with effect from the date of issuance of the order. The petitioner further prays for issuance of a writ in nature of Mandamus.

(ii) For direction to the respondent no.- 2 to reinstate the petitioner in service with all consequential

Patna High Court CWJC No.9912 of 2016(2) dt.18-10-2023 2/2 benefits. The petitioner further prays for issuance a writ/writs, order/orders, direction/directions to following relief/reliefs to which the petitioner is entitled to in the facts and circumstances of the case."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the punishment order dated 13.04.2016, by filing appropriate appeal, however, seeks a direction upon the appellate authority to consider the appeal on merits. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate appeal is filed within a period of six weeks from today, the same shall be considered on merits by the appellate authority, without being impeded by the issue of limitation.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U