Suresh Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 12867 of 2014 ====================================================== Suresh Ram, son of late Jay Govind Ram, resident of village - Marautpur, P.S. - Desari, District - Vaishali, at present Lower Division Clerk, Block Office - Desari, District- Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna 2.

The District Magistrate -cum- Collector, Vaishali at Hajipur 3.

The Conducting Officer -cum- Sub Divisional Officer, Mahnar, DistrictVaishali 4.

The Presenting Officer -cum- Block Development Officer, Desari, DistrictVaishali The Divisional Commissioner, Tirhut Division, Muzaffarpur 5.

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

For the Petitioner/s :

Mr Umesh Kumar Mishra, Advocate For the Respondent/s :

Mr Mujtabaul Haque, GP XII Mr Manish Kumar, AC to GP XII ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 09-07-2019 Learned counsel for the petitioner is permitted to implead Divisional Commissioner, Tirhut Division, Muzaffarpur in the instant proceedings as respondent No 5. Heard learned counsel for the petitioner and the respondent-State.

Writ petition has been filed challenging the order passed by the District Magistrate dated 20.05.2014 dismissing the petitioner from service.

Mr Umesh Kumar Mishra, learned counsel appearing

Patna High Court CWJC No.12867 of 2014(3) dt.09-07-2019 2/2 for the petitioner submits that he would be availing his remedy before the Commissioner (respondent No 5) Having regard to the said submission, this writ petition is disposed of with liberty to the petitioner to file appeal before the Divisional Commissioner, Tirhut Division, Muzaffarpur (respondent No 5) within four weeks from today. If the same is filed within four weeks, without raising the issue of delay in filing the appeal, respondent No 5 shall proceed to consider the same on its merits and pass a reasoned and speaking order thereupon in accordance with law within a period of three months thereafter.

Writ petition stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U