Madan Mishra v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12416 of 2017 ====================================================== Madan Mishra Son of Sri Rang Bahadur Mishra Resident of Village - Mankhahalpur, P.O. - Pahayari, P.S. - Tunhan, District - Kaimur. ... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Home, Bihar, Patna.
3. The Director General of Police, Bihar, Patna.
4. The Inspector General of Police, Patna Zone, Patna.
5. The Senior Superintendent of Police, Patna.
6. The Superintendent of Police, Kaimur.
7. Superintendent of Police, Gopalganj.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar, Adv.
For the Respondent/s :
Mr. Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 06-07-2018 Heard learned counsel for the petitioner and counsel for the State.
In this case, the petitioner is challenging the order of punishment which has been confirmed by the appellate authority. The State has raised an objection that there is a forum of memorial which the petitioner has not exhausted and he must exhaust the alternative remedy of filing memorial and, only then, he can challenge the action of the Department. The State is correct. There is a provision for memorial. In that view of the matter, let the petitioner should exhaust the remedy of memorial and if the order is passed against him, he will
Patna High Court CWJC No.12416 of 2017 dt.06-07-2018 2/2 be at liberty to raise the issue before appropriate forum/court/ authority.
If the memorial is filed by the petitoiner, the same should be disposed of within a period of four months from the date of filing of the memorial.
With the aforementioned observation, this writ application is disposed of.
(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.07.2018 Transmission Date NA