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Patna High CourtCWJC/6655/2018disposed

Arun Kumar Singh v. The State Of Bihar And ORS

2024-03-04Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6655 of 2018 ====================================================== Arun Kumar Singh Son of Triveni Prasad Singh, resident of villageMajlishpur, Post office- Manoharpur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director General of Police, Bihar, Patna. 3.

The Inspector General of Police, Railway, Bihar, Patna. 4.

The Deputy Inspector General of Police, Railway, Bihar, Patna. 5.

The District Superintendant of Police, Railway, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranvijay Singh For the Respondent/s :

Mr.Sheo Shankar Prasad- Sc8 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-03-2024 Counsel for the petitioner and counsel for the State present.

2. The present writ petition is filed for quashing the Muzaffarpur Rail District Order No. 1078 of 2011 passed in Railway Muzaffarpur District Department Proceeding No. 33/2010 vide Memo No. 1647 dated 28.07.2011 whereby petitioner has been held guilty in the departmental proceeding.

3. Counsel for the State has raised preliminary objection that petitioner has filed writ petition without challenging the provision of statutory appeal. Counsel for petitioner relied on Judgment of this Court vide order dated 07.10.2023 passed in C.W.J.C. No. 6280 of 2018 in which the

Patna High Court CWJC No.6655 of 2018(3) dt.04-03-2024 2/2 petitioner has also preferred their order of punishment directly before this Court and liberty was granted to avail the remedy of appeal.

4. In the light of the submissions made and findings of the Hon'ble Single Bench, this writ petition is disposed off granting liberty to the petitioner to avail remedy before the appellate authority.

5. Appellate authority is directed to entertain the appeal condoning the delay, if any, and decide with reasoned and speaking order within 90 days from the date of production of memo of appeal of the said order.

(Dr. Anshuman, J) Sunnykr/- U