Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1129 of 2019 ====================================================== Dharmendra Kumar, S/o Sri Shiv Dayal Singh resident of Shanti Shiv Niwas, Ashok Nagar, Road No. 1/B, P.S.- Kankarbagh, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Finance Dept., Government of Bihar, Patna.

2.

The Managing Director, Infrastructure Development Authority, Bihar, Patna. 3.

The Director Administration Infrastructure Development Authority, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Sinha, Adv.

For the Respondent/s :

Mr. Raghwendra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-07-2024 Learned counsel for the petitioner and learned counsel for the State are present.

2. Learned counsel for the petitioner submits that he has challenged the office order contained in Memo No.1974 Est. dated 09.10.2018 passed by the Director (Administration) Infrastructure Development Authority, Bihar, Patna (annexed as Annexure-11) in the writ petition.

3. Learned counsel for the State raised preliminary objection and submits that according to Service Regulations and Procedures, specifically in Clause 2.5.1, it has been categorically stated that an appeal shall lie from any original orders made by the Managing Director to the Chairman.

Patna High Court CWJC No.1129 of 2019(3) dt.02-07-2024 2/2 Counsel further submits that the order impugned has been published by the Director (Administration) Infrastructure Development Authority, Bihar, Patna, but it has been indicated in the said order that the said office order has been published by the order of the Managing Director in file number and date indicated in the said office order.

4. In this view of the matter, it is directed to the petitioner to prefer the appeal in accordance with Clause 2.5.1 of Service Regulations and Procedures of I.D.A. (Finance, Service and Technical), Regulation 2007.

5. It is made clear that delay in filing the appeal is hereby directed to be condoned.

6. Hence, the present writ petition stands disposed off. (Dr. Anshuman, J) Divyansh/- U