Nandan Prakash v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3339 of 2016 ====================================================== Nandan Prakash S/o Vijay Prasad Singh Of Vill- Jorarpur Po Daily , P.s - Harnaut, District Nalanda.

... ... Petitioner

Versus

1.

The Union Of India through Home Secretary, Govt. of India North Block New Delhi 2.

Director General, Central Industrial Security Force, C.G.O. Complex, Delhi. 3.

Inspector General, Central Industrial Security Force Kolkata. 4.

Deputy Inspector General , Central Industrial Security Force, Durgapur Steel Plant Distt Burdwan.

5.

Sr. Commandant , Central Industrial Security Force, Durgapur Steel Plant Distt Burdwan.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

M/s Surendra Kumar Singh, Ram Yash Singh & Vaibhav Vikram Singh For the Respondent/s :

Mr.S.D Sanjay Addl. Soc. Gen.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-04-2019 At the very outset learned ASG appearing for the respondent Union of India raises an objection regarding availability of alternative remedy by way of appeal before respondent No. 3.

The order of petitioner's removal from service dated 15.12.2015 passed by Senior Commandant of the respondent Force is under challenge in the instant proceeding. By virtue of pendency of the instant proceeding, petitioner's appeal by now would have become time barred. Bonafide pending proceedings in a Court of law is normally considered to be sufficient cause

Patna High Court CWJC No.3339 of 2016(3) dt.25-04-2019 2/2 for the purpose of condoning delay prescribed for the appeal. In view of the aforesaid circumstances, this Court would consider it appropriate that the petitioner may prefer his appeal before respondent No. 3 positively within four weeks from today.

In the event same is done, respondent No. 3 would be obliged to consider the same upon its merit and dispose it of by a reasoned and speaking order in accordance with law without raising the issue of delay The writ petition is disposed of.

(Madhuresh Prasad, J) SNkumar/- U