Md. Nuruzaman v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2669 of 2018 ====================================================== Md. Nuruzaman S/o Late Sadruzaman R/o Mohalla- Harun Colony, Sector-2, Phulwarisharif, P.S.- Phulwarisharif in the district of Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director, Economics and Statistical Directorate (Planning and Development Department) Govt. of Bihar, Patna. 3.

The District Magistrate, Nawada.

4.

The District Magistrate, Patna.

5.

The District Statistical Officer, Patna.

6.

The District Statistical Officer, Nawada.

7.

The Deputy Collector, Departmental Enquiry, Patna. 8.

The Managing Director, the Bihar State food and Civil Supplies Corporation Ltd. Govt. of Bihar, Patna.

9.

The District Manager, Patna, Bihar State Food and Civil Supplies Corporation Ltd. Govt. of Bihar, Patna.

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Respondent/s :

Mr. S. Raza Ahmad, AAG-5 For the B.S.F.C.

:

Mr. Shailendra Kr. Singh, Adv.

Mr. Utkarsh Utpal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-07-2024 Heard learned counsel for the petitioner, learned counsel for the Bihar State food and Civil Supplies Corporation and learned counsel for the State.

2. The present writ application has been filed for quashing the order contained in Memo No. 2707 dated 04.12.2017 by which the order of punishment has been imposed against the petitioner. The further challenge has been made to

Patna High Court CWJC No.2669 of 2018(10) dt.22-07-2024 2/2 quash the order vide letter no. 1029 dated 27.05.2015 which is charge memo.

3. Learned counsel for the State raised preliminary objection and submits that the petitioner has filed the writ petition without availing the remedy of statutory appeal.

4. In this view of the matter, the present writ application stands disposed of directing the petitioner to avail the remedy of appeal within 30 days from today.

5. It is directed to the appellate authority that delay in filing the appeal shall be condoned and he shall decide the appeal on all the points which petitioner has raised in the writ petition.

6. It is directed that the appellate authority shall conclude the appellate proceeding within three months. (Dr. Anshuman, J) sadique/- U