Patna High CourtCWJC/19349/2014disposed

Anil Kumar v. The State Of Bihar And ORS

2018-05-09Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 19349 of 2014 =========================================================== Anil Kumar S/O Late Krishna Mohan Prasad Resident of Village- Rampur, P.O.- Akair, P.S.- Chandi, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Nalanda.

3. The Additional Collector, Departmental Proceeding, Nalanda

4. The Enquiry Officer-cum-District Land Acquisition Officer, Nalanda.

5. The Dy. Collector Land Reforms, Rajgir, Nalanda.

6. The Presenting Officer-cum-Circle Officer, Anchal- Rajgir, District- Nalanda.

7. The Circle Officer, Anchal - Rajgir, District - Nalanda

8. The Divisional Commissioner, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr Prakash Srivastava, Advocate For the S t a t e : Mr Manindra Kishore Singh, SC VI =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 09-05-2018 Learned counsel for the petitioner is directed to implead Divisional Commissioner, Patna as respondent No 8. 2 Under the order dated 10.09.2014 issued by the Collector, Nalanda under Memo No 2135, the petitioner has been dismissed from service.

3 It is objected by the learned counsel for the respondent-State that the petitioner has rushed to this Court without availing his remedy of appeal which is provided to him before the Divisional Commissioner, Patna, who is respondent No 8 to the

Patna High Court CWJC No.19349 of 2014 dt.09-05-2018 2/2 instant writ petition.

4 In view of such objection being raised by the learned counsel for the State, the writ petition is disposed of with liberty to the petitioner to avail his remedy of appeal before the Divisional Commissioner, Patna.

5 Since the matter is being remanded on objection made by the learned counsel for the State, the Divisional Commissioner, Patna would be obliged to consider and dispose of the appeal of the petitioner on merit in accordance with law without raising the technical issue of the appeal being time barred. (Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.05.2018 Transmission Date NA