Patna High CourtCWJC/10090/2014disposed

Bhubneshwar Ram v. The State Of Bihar And ORS

2017-11-20Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court CWJC No.10090 of 2014 (2) dt.20-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10090 of 2014 ======================================================

1. Bhubneshwar Ram son of Late Babuan Ram Resident of Village - Barhara, P.S. Navhatta, District - Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate - cum - Collector, Saharsa

3. The Sub Divisional Officer, Saharsa

4. The Anchal Adhikari, Saur Bazar, District - Saharsa .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sharvesh Chandra Verma For the Respondent/s : Mr. Shyam Kishore Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-11-2017 Heard both sides.

The petitioner filed this petition for quashing the order dated 02.03.2014, as contained in Memo No.350, issued under the signature of the District Magistrate, Saharsa by which the petitioner has been dismissed from service.

At the very outset of the argument, the learned counsel for the State pointed out that the petitioner has not exhausted the statutory appeal under the C.C.A. Rules 2005, on such, Mr. Dhirendra Kumar Jha, the learned counsel appearing on behalf of the petitioner submits that let the petitioner be allowed to file appeal and the same be directed to be disposed of within three months from the date of presentation of the appeal.

Patna High Court CWJC No.10090 of 2014 (2) dt.20-11-2017 I dispose of this writ petition with a direction to the petitioner to present the appeal within one month from today before the competent authority i.e. Divisional Commissioner, Saharsa and the Divisional Commissioner, Saharsa without unsuiting the petitioner on the ground of limitation hear the appeal and dispose of the same on merit within three months from the date of presentation of appeal.

Accordingly, the writ petition stands disposed of. (Prabhat Kumar Jha, J) Saurabh/- U