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Patna High CourtCWJC/493/2017disposed

Suresh Prasad Singh v. The State Of Bihar And ORS

2017-03-01Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.493 of 2017 ====================================================== Suresh Prasad Singh Son of late Ramdeo Singh Resident of VillageKewalpatti, Police - Rajnagar, District- Madhubani. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Home, Govt. of Bihar, Patna.

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

4. The Inspector General of Police, Patna Zone, Govt. of Bihar, Patna.

5. The Deputy Inspector General of Police, Sahabad Range, Dehri-on-Sone, Rohtas.

6. The Superintendent of Police, Rohtas.

7. The Superintendent of Police, Kaimur at Bhabhua. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Mishra, Adv. For the Respondent/s : Mr. Ravi Verma, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 01-03-2017 Heard Mr. Umesh Kumar Mishra, learned counsel for the petitioner and Mr. Ravi Verma, AC to GP-4, for the State. The petitioner is aggrieved by the order bearing Memo No. 2339 dated 21.6.2016 passed by the Superintendent of Police, Rohtas, whereby the salary for the period 1.7.2015 to 31.5.2016 has been forfeited on the principles of 'no work no pay' and treating it to be unauthorized absence from service. The order is appealable and the petitioner is before this Court without exhausting the appellate remedy. The writ petition is accordingly disposed of enabling the petitioner to exhaust the appellate remedy so available to him.

Patna High Court CWJC No.493 of 2017 (2) dt.01-03-2017 Mr. Mishra informs that the limitation period in the meanwhile has expired.

It goes without saying that should the petitioner file his appeal within four weeks from today alongwith petition for condonation of delay, the appellate authority shall consider and dispose of the appeal on merits in accordance with law and with opportunity of hearing to the petitioner bearing the pendency of the matter before this Court.

(Jyoti Saran, J) Surendra/- U