Patna High CourtC. REV./103/2019disposed

The State Of Bihar v. Samresh Kumar Singh @ Samresh Kumar

2019-09-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.103 of 2019 In Civil Writ Jurisdiction Case No.3206 of 2018 ====================================================== 1.

The State Of Bihar through the Principal Secretary, Agriculture Department, Patna 2.

The District Magistrate-cum-Collector Nawada 3.

The District Agriculture Officer Nalanda 4.

The Block Agriculture Officer Harnaut Block, Distt.- Nalanda ... ... Petitioner/s

Versus

Samresh Kumar Singh @ Samresh Kumar S/o Banaras Prasad Singh Vill.- Panchitada, Block-Rahui, P.S.-Rahui, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar ( Ac To Paag 2 ) For the Opposite Party/s :

Mr.Rishit Deo Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2019 The learned counsel for the State Government submits that according to the guidelines dated 09.10.2014, as contained in Memo No. 633, the appeal regarding removal of Kisan Salahkar from his service is to be filed before the Divisional Joint Director, Agriculture. It is submitted that on account of inadvertence, the said guidelines could not be brought on record, hence, by mistake it was submitted that the appellate authority is the District Agriculture Officer, Nalanda. However, during the course of hearing before the District Agriculture Officer, Nalanda, it has transpired that the appellate authority is Divisional Joint Director, Agriculture.

Patna High Court C. REV. No.103 of 2019(5) dt.04-09-2019 2/2 Accordingly, the order dated 12.03.2018 is modified to the extent that the petitioner would be at liberty to file appeal against the impugned order 12.09.2015 before the Divisional Joint Director, Agriculture within a period of four weeks from today and in case such an appeal is filed, the Divisional Joint Director, Agriculture shall dispose of the same within a period of eight weeks thereafter, by a reasoned and speaking order, after giving an opportunity of hearing to the petitioners herein. The present review petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U