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Patna High CourtCWJC/22350/2014disposed

Ram Pyare Prasad v. The Patna Municipal Corporation

2018-02-26Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22350 of 2014 ====================================================== Ram Pyare Prasad S/o Late Gauri Ram resident of Mohalla - B - Area, Mithapur, P.O. & P.S. Jakkanpur, District - Patna ... ... Petitioner/s

Versus

1. Patna Municipal Corporation through its Municipal Commissioner, Budh Marg, Patna

2. The Municipal Commissioner, Patna Municipal Corporation, Budh Marg, Patna

3. The Additional Municipal Commissioner, Patna Municipal Corporation, Budh Marg, Patna

4. The Controller of Finance, Patna Municipal Corporation, Budh Marg, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Singh For the Respondent/s :

Mr. Hargovind Singh Himkar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 26-02-2018 Heard learned counsel for the petitioner and learned counsel for the respondent-Patna Municipal Corporation. Petitioner is aggrieved by the order dated 03.05.2014 passed by Municipal Commissioner, Patna Municipal Corporation by which petitioner has been imposed punishment of withholding of three increments as well as warning in a departmental proceeding. It is informed by the counsel for the Patna Municipal Corporation that the order is appealable and the statutory appeal lies before the Principal Secretary, Urban Development Department, Government of Bihar. It has further been contended that petitioner without exhausting statutory alternative remedy has approached this court.

Patna High Court CWJC No.22350 of 2014 dt.26-02-2018 2/2 The writ petition is disposed of with liberty to the petitioner to exhaust the statutory alternative remedy of appeal and the Appellate Authority shall condone the delay in filing the appeal, as the matter remained pending in the High Court, and will decide the appeal on merit within three months from the date of filing of the appeal by the petitioner.

With said observation and direction, the writ petition is disposed of.

(S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 06.03.2018 Transmission Date N.A.